- (1.) A -1, A -13, A -3, A -14, A -6, A -11, A -12, A -5, A -2 and A -9 in Sessions Case No. 201 of 1985, who were arrayed in that order before the Sessions trial, are the appellants. A -4, A -7, A -8 and A -10, who were tried alongwith them, were acquitted by the trial court and the appellants were found guilty under Sections 302 and 201 of the Indian Penal Code. A -1, A -3, A -13 and A -14 were found guilty under Section 302 of the Indian Penal Code. A -1, A -2, A -3, A -5, A -6, A -9, A -11, A -12, A -13 and A -14 were also found guilty under Section 201 IPC and for the offence under Section 302 I PC, A -1, A -3, A -13 and A -14 were sentenced to imprisonment for life and others were convicted under Section 201 IPC and they were directed to undergo rigorous imprisonment for two years. The present appeal is against the said conviction and sentence.
(2.) THE facts are as follows: PW -8 is the son of the deceased Abhiram Tirkey. PW -6, Krishna Tirkey, is the wife of the deceased and PW -7, Kumari Tirkey, is the wife of PW -8, Edburd Tirkey. They were residents of village Kurra. Accused -appellants were the residents of village Kaunshi within the jurisdiction of Barkagaon police station in the district of Hazaribagh. On 2.3.1983, the deceased alongwith PWs -6, 7 and 8 went to the village Kaunshi to attend the marriage ceremony in the house of A -9. At about 4.00 p.m., PW -8 was threatened by the 1st accused that he will kill his father, Abhiram Tirkey, by telling him that Abhiram Tirkey did not give him an acre of land. PW -8 was afraid of the threats given to him by the 1st accused. He returned to the house of A -9 at about 8.00 -9.00 p.m. with a view to warn his father about the threats meted out by the 1st accused. When he came to the house of A -9, he found his father drinking liquor alongwith other guest and, therefore, he could not inform him of the threats given by the 1st appellant. While he was standing in the house of A -9, he saw Laljee Mahto, A -13 taking the deceased by saying that they will have some more liquor. Thereafter, the deceased did not return home and PW -8, on getting suspicion, went in search of his father. He found him at a lonely spot near a bush and that A -1, Sibey Tirkey, was found pressing neck of his father with a lathi. A -3, A -13 and A -14 were seen holding the hands and legs of the deceased. On seeing this, PW -8 wanted to run away from the place and A -1 seeing PW -8 threatened and warned him not to disclose the commission of the offence. PW -8 returned to his home at village -Kurra. On 3.3.1983 he once again went to village Kaunshi to bring his mother, PW -6, and inform her that his father had been killed by 1st accused; neither PW -6, nor PW -8 informed any of the villagers nor did they make an attempt to go to the police station. They went to the place where the occurrence is said to have taken place and found the dead body of Abhiran Tirkey. Thereafter the dead body was brought to their village Kurra, wherein it was burried. On 3.3.1983, Chowkidar, Bhukhan Ganjhu, met PW -8 and PW -8 told him that his father was murdered. PW -5 asked PW -8 to give a complaint and accordingly PW -8 went to Giddi police station from where he was referred to Barkagaon police station. Accordingly, he went to the said Barkagaon police station and gave Ext. 2, Fardbayan, on the basis of which a crime was registered under Ext. 3, the printed first information report. Investigation in the crime was taken up and the body was exhumed by PW -12, the Sub -divisional Magistrate, Hazaribagh. The inquest was conducted after it was exhumed and the inquest report is Ext. 4. After the inquest, the dead body was sent to the hospital with a requisition for autopsy. On receipt of the requisition, Dr. N.K. Verma, PW -11, conducted autopsy and found the dead body to be highly decomposed and discoloured. He did not detect any external injury. On dissection, fracture and dislocation of 3rd and 4th surgical vertebra were found. He issued Ext. 5, the post mortem certificate, with his opinion that the death could be on account of shock and haemorrhage due to the fracture of the aforesaid bone.
(3.) AFTER the completion of investigation, final report was filed against the acquitted accused including the appellants. They denied all the incriminating circumstances when they were questioned under Section 313 Cr.P.C.;