- (1.) ALL the aforesaid eleven appeals arising out of the same judgment of conviction and order of sentence, were heard together and are being disposed of by this common judgment.
(2.) THE aforesaid 15 appellants alongwith 13 others, were put on trial for committing murder of Sanicharo Devi as well as Ram Keshwar Bhagat. The Court, while acquitting the other 13 persons, found the aforesaid 15 appellants guilty for committing murder of both the persons and convicted them for the offence punishable under Sections 302/34 of the Indian Penal Code and also under Sections 307/149 and 148 of the Indian Penal Code, for making an attempt to commit murder of the informant Sita Ram Bhagat (PW -5) by its judgment dated 25/02/2006 and sentenced each of them to undergo imprisonment for life for the offence punishable under Section 302/34 IPC and further to undergo imprisonment for seven years and one year respectively for the offence punishable under Sections 307/149 and 148 IPC vide its order dated 28/02/2006. However, all the sentences were ordered to run concurrently. The case of the prosecution, as has been made out in the Fardbeyan, is that on 09/03/2003 at about 09.30 P.M, the appellant Gandur Oraon, came to the house of the informant Sita Ram Bhagat (PW -5) and asked him to come to 'Akhara' (a place for meeting) for a meeting convened by the Villagers to take decision as to whether Witchcraft is being played by his mother. The informant refused to attend the said meeting on the plea that it has become quite dark. On the next day, i.e. 10/03/2003, the villagers assembled at "Akhara' early in the morning at about 04.00 A.M. At about 06.00 A.M the appellant Gandur Oraon again came and took the informant (PW -5), his mother Sanicharo Devi (deceased), his elder brother Ram Keshwar Bhagat (Deceased), his wife Fulmati Devi (PW -2), niece Anita Kumari (PW -4) and Sunita Kumari (PW -3) to 'Akhara' where they did find several persons being assemble over the 'Akhara'. As soon as they reached over there the appellant Jai Prakash Oraon told them that they, by playing Witchcraft, are instrumental in killing Somra Oraon and Budhain Devi, who, in fact, had died upon consuming liquor in excess. By saying so, all these appellants and also the persons, who have been acquitted, started assaulting them. Of them the appellants Saligram Oraon, Bahya Oraon @ Baiya Oraon, Bandey Oraon, Bandhu Bhagat, Dhuri Oraon were having Sword, Tabla, Tabla, Balua and Tangi respectively and others were holding Lathi, Danda and Dhelphorwa etc. The accused persons started assaulting them, in course of which the appellants Saligram Oraon and Bandhu Bhagat inflicted 'Sword' and 'Balua' blows upon Sanicharo Devi as well as Ram Keshwar Bhagat as a result of which they died. Appellant Jai Prakash Oraon did assault the informant with Lathi. However, the informant ran away in order to save himself. Thus, it has been alleged that the accused persons, by accusing the informant and his family members of playing Witchcraft and also on account of the fact that the appellant Mahavir Bhagat and Bandhu Bhagat were inimical to the family of the informant, committed murder of Sanicharo Devi and Ram Keshwar Bhagat. On the same day, i.e. on 10/03/2003 at about 10 'O' Clock information was received at Senha Police Station that two persons have been killed in the Village Mentgarha. The said information was entered into the station diary. Thereupon, the Officer -in -Charge of Senha Police Station alongwith the police personnels including Sri Maheshwar Pd. Ranjan, Sub -inspector of Police -Investigating Officer (PW -6) came to the village where murder had taken place. There the Officer -in -Charge recorded the fardbeyan of the informant Sita Ram Bhagat, on the basis of which a first information report was lodged and the Investigating Officer (PW -6) took up the investigation, during which he held inquest on the dead bodies of the deceased and prepared inquest report of the deceased Sanicharo Devi and Ram Keshwar Bhagat as Ext. -1 and Ext. -1/1 respectively. The I.O also seized earth smeared with blood from both the places of occurrence under Exts. -2 and 2/1. Seizure of the weapons also seems to have been effected and, thereby, those weapons were seized under Ext. -3.
(3.) THEREUPON , the I.O sent the dead bodies of the deceased Sanicharo Devi and Ram Keshwar Bhagat for Post Mortem examination, which was conducted by Dr. A.N. Kashyap (PW -7). Upon holding autopsy on the dead body of the deceased Sanicharo Devi, the Doctor did find the following external injuries: - "External Injuries. (i) Incised vertical wound 12" x 2" x 1 1/2" on forehead at right outer Cantas cutting right frontal bone and brain matter. (ii) Incised vertical wound 1" medial to injury No. 1 measuring 6"x1/2" x bone deep. (iii) Incised wound transverse 8"x3"x6" extending from left angle of mandible to middle of back of neck with blood smear cutting left carotid vessels left Sterno mastoid muscle and left sub -occipital muscles and dust on face and leg were found present. The Doctor issued Post Mortem examination report (Ext. -4) with an opinion that the death was caused due to shock and hemorrhage on account of the injury Nos. 1 and 3 caused by sharp cutting weapon such as Tangi and Sword.";