- (1.) BY Court. - The appellants Bhinsent Oraon and Lodha Mahli were arrayed as A1 and A2 in S.T. No. 73 of 2003 on the file of the Sessions Judge. Simdega. They were charged under section 302/34 IPC and the allegation in the said charge is that at 9.00 p.m. on 12.4.2003, the appellants in furtherance of common intention of each other caused death of D1 Deonish Oraon, D2 Bhakra Oraon and D3 Damrudhar Singh in village Ghaghara, within Ghumatongri Police Station limits. The learned trial Judge, on the recorded evidences, finding the appellants guilty sentenced each of them to death. The appeal is against the conviction and sentence and the Reference is by the Sessions Judge for confirmation of the death sentence.
(2.) THE case of prosecution can be briefly summarized as follows: Pw 1 Hem Prakash Singh is the elder brother of Damrudhar Singh D2. Pw 2 Sudhir Ekka is son of Nanhku Ekka, who was examined as Pw 7. Pw 7 Nanhku Oraon is another brother of DW 2 Oamrudhar Singh. Pw 8 Beartha Ekka is the wife of Nanhku Oraon. Pw 9 Karina Oraon is the wife of DW 2 Bhakra Oraon. Both the accused and the witnesses were residents of the same village. There was a dispute between the families of the accused and the deceased, as regards the usage of the courtyard and sweeping in front of the house. On account of the said dispute, there was a quarrel on the day of Ram Navami in the year 2003. At about 9 p.m. on 12.4.2003, Pw 10 was standing in front of the courtyard. Pw 7 was also standing there. D1 and D2 were in the house. D3 Damrudhar Singh, who had come to the house on the invitation of D1 and D2, was also present with D1 and D2. Sometime thereafter, D1 Deonish Oraon, D2 Bhakra Oraon, D3 Damrudhar Singh, Inder Pahan and Damar Oraon came out of the house followed by Pw 10. When they reached the courtyard, the 1st accused Bhinsent Oraon went towards D1 with a tangi in his hand. Loda Mahli, the 2nd accused, who was sitting, was having a balua in his hand. On approaching D1, A1 hit him with the tangi. On seeing this, D3 went to the rescue of D1 and the 2nd accused Lodha Mahli stood up with the balua and caused injuries on his person. D1 and D3 fell down. D2 Bhakra Oraon questioned A1 and A2 for their unruly act and the 2nd accused hit him (D2) with balua. On receiving the said injuries, D2 also fell down. Thereafter both the accused caused injuries on the three persons and left the place. Pw 10 raised alarm. The occurrence was witnessed by Pw 2 Sudhir Ekka, Pw 7 Nankhu Ekka, Pw 8 Bertha Ekka, and Pw 9 Karina Oraon apart from Pw 10 Jyoti Devi. As it was night, Pw 1 could not leave the village and on the next day at 8.30 a.m. went to the police station and gave fard beyan (Ext. 3) to the Police Ext. 1/5 is the signature of Pw 10 on the said fard beyan. Investigation was immediately taken up by Pw 11 Nageshwar Prasad Singh who was in -charge of Simdega P.S.
(3.) PW 11, on taking up the investigation, reached the scene of the occurrence and prepared the inquest reports (Ext. 1/1, 1/2 and 1/3) after conducting inquest over the dead bodies of the three deceased D1 to D3. After inquest, the dead bodies were sent to the hospital for post mortem.;