- (1.) The appellants 1, 3, 7, 6, 2, 4 and 5 were arrayed as A1 to A7 respectively before the Ist Addl. Sessions Judge, Dumka in Sessions Case No. 20 of 1988/15 of 1989. They were tried under Section 302 read with 34 of the I.P.C. and also under Section 323 of the I.P.C. In this judgment the appellants should be referred as A1 to A7 in the same order as they were before the Ist Addl. Sessions Judge. .
(2.) The allegation against the accused 1 to 7 in the charge is that at about 6 p.m. on 7-5-1987 they, furtherance of common intention of one another, assaulted Gobind Murmu and also caused injury to Som Murmu leading to his death at the Jamtara Hospital after six days. The trial Judge, finding the appellants guilty, has sentenced each one of them to imprisonment for life under Section 302 read with 34 of the I.P.C. He did not award any separate sentence under Section 323 of the I.P.C.
(3.) The facts can be briefly narrated as follows :- P.W. 1, Gobind Murmu and P.W. 3, Soren Murmu are the brothers of the deceased, Som Murmu. P.W. 4, Babudhan Murmu is the son of P.W. 1, Gobind Murmu and P.W. 2, Luthro Murmu is the other brother of the deceased, Som Murmu. According to the prosecution, there was long standing dispute between the accused and the deceased party as regards the enjoyment of a land and that several civil suits were pending between them in the civil Courts. They were also proceeded under Section 145 Cr. PC. and this is said to be the motive for the occurrence.;