- (1.) The appellants were arrayed as A1 to A6 before the 4th Judicial Commissioner, Ranchi. They were charged under Section 147, 302 read with Section 149 and Section 201, IPC. On the evidence adduced, the trial Court found all the appellants guilty and sentenced each of them to imprisonment for life under Section 302 read with Section 149, IPC while each of them was sentenced to undergo rigorous imprisonment for seven years under Section 201, IPC. No separate sentence was awarded under Section 147, IPC and sentences of imprisonment were directed to run concurrently.
(2.) PW 3 Lambodar Hazam is the nephew of Rameshwar Hazam, who is the deceased in this case. There were disputes pending between the deceased and the appellants as regards enjoyment of a landed property. On 23.6.1988 at 11.00 a.m., PW 3 Lambodar Hazam was ploughing his field and his uncle Rameshwar Hazam was also ploughing his field, which was on the other side of the river. PW 3 heard the distressing cries of his uncle calling for help. PW 3 rushed towards the place and saw A1 and A2, namely, Morha Singh and Ghanshyam Singh. He saw them assaulting his uncle with lathi and the other appellants were surrounding him. They were also having lathis in their hands. When PW 3 ran towards his uncle to help him, Akshay Hazam, PW 1 who is the son of the deceased, had also come there. By the time PWs 1 and 3 could reach to the place, where the deceased was being assaulted, the appellants carried the deceased and left him in the field of Gopy Munda. The appellants, thereafter, went away. On going near Rameshwar Hazam and on examining him, PW 3 found him dead. He went to the police station and gave the fardbeyan. Ext. 3, on the basis of which a crime was registered and investigation was taken up by the police officer, who conducted inquest and sent the body for post-mortem.
(3.) On receipt of the requisition, PW 8, Dr. Ajit Kumar Choudhary, conducted autopsy on the dead body of Rameshwar Hazam and found three abrasions. He also noticed heard disease. He issued Ext, 2, the post-mortem certificate, with his opinion that death is on account of the disease to heart and that the abrasions found are not sufficient to cause death.;