- (1.) THE appellants, four in number, were arrayed as A -l, A -2, A -4 and A -3 respectively along with Surendra Murmu, who was arrayed as A -5, before the 3rd Additional Sessions Judge, Dumka. They were tried for the charge under Section 302/34 of the Indian Penal Code, on the allegation that in furtherance of the common intention of each other, they caused the death of Surajmuni Baskey @ Sarojni Baskey on the midnight of 15.10.1987. The trial judge, while acquitting Surendra Murmu, the 5th accused in the Sessions case, found the appellants alone guilty, as charged, and sentenced each one of them to imprisonment for life. The appellants, aggrieved by the said judgment and order of conviction and sentence, have preferred the above appeal.
(2.) THE appellants and the other acquitted Surendra Murmu will be referred A -l to A -5 in the order, they were arrayed before the Sessions Judge. The facts, necessary to dispose of the appeal, can be briefly summarized as follows: The 1st accused Subodi Hansda ' is the 2nd wife of the 5th accused. The 2nd accused Jitan Hansda is the father of the 1st accused. A -4, Phulin Murmu is the mother of the 1st accused and A -3, Kisto Hansda, is the brother of the 1st accused. The case of the prosecution is that Surajmuni Baski, the first wife of Surendra Murmu, was ill treated after the second marriage of A -5. According to the prosecution, in order to get rid of Surajmuni Baski, who was the first wife of the 5th accused, the appellants and A -5 committed the murder of Surajmuni Baski on 15.10.1987 . In the morning on 16.10.1987, the 1st accused informed PW -6, who is the wife of PW -5, that Surajmuni Baski is lying and inspite of awakening her up, she is not getting up. PW -6 went to the house and after examination found her dead. The villagers gathered and a complaint (Fardbeyan), Ext.2, was given by PW -1 Munshi Kisku to PW -13, Balmiki Kunwar, Officer -in -charge of Dumka Muffasil police station. A crime was registered and investigation was taken up.
(3.) AFTER the taking of investigation, inquest was conducted and thereafter the body was sent for autopsy with a request to the doctor.;