- (1.) THE appellants were arrayed as A -2, A -4, A -5, A -7 and A -8 respectively in Sessions Trial No. 419 of 1985 before the Second Additional Sessions Judge, Singhbhum at Chaibasa. They were tried along with six others. The trial Judge, while acquitting the other accused, convicted the appellants along and sentenced each one of them to imprisonment for life under Sec.302 read with Section 149 IPC. The present appeal is against the said conviction and sentence.
(2.) THE case of the prosecution is as follows: There was a land dispute pending between the prosecution witness and the deceased party, and according to the prosecution the occurrence took place at 5 p.m. on 14.1.1982 on account of the said land dispute. At about 5 p.m. on 14.1.1982, Luko Kui, niece of deceased Mithilesh Birua and other took Haria and were talking with each other. At that time the first appellant Moso Soy (A -2), the second appellant Jogo Soy (A -4), the third appellant Jana Soy (A -5) went to the place and took the deceased Mithilesh Birua saying that they wanted to talk with him. The informant, PW 2, Sangram Birua who is the brother of the deceased, came out of the house on hearing hulla. The wife of PW 2 also joined him. PW 2 and PW 4 found some persons surrounding the deceased and beating him with latht. The beating was going on in front of he house of Moso Soy, the first appellant, A -2, A -4 and A -5 as well as A -3 and Kandra Birua, who is not an accused nor a witness, Pradhan Samad (A -10) who was acquitted, Jai Singh Soy (A -9) who was also acquitted, Sembal Soy, who is not a witness nor an accused; Bajai Soy, who is not a witness nor an accused, Dibru Soy (A -11) who was acquitted, Mathura Purty, who is not an accused nor a witness, Juga Birua, Mana Birua and Kandey Birua who were also not accused nor witnesses were assaulting the deceased Mithilesh Birua, PW 2, Sangram Birua attempted to save the deceased, but he was threatened. Thereafter the deceased was taken to the house of one Munda. PW 2 and PW 4, Ludri Kui followed them. By that time, PW 1, daughter of Pugri Kui also reached the place. In the house of Munda, the deceased was beaten by Madho Munda. Lakshman Birua, Sibi Birua, Sikur Samad, Ramdeo Birua, all residents of village Parasi, Mathura Birua and Sandey Birua (they were neither arrayed as accused nor were they cited as witness). The above persons beat the deceased Mithilesh Birua after his hands were tied with a rope by Munda and Sibu Dakwa. He was beaten by all the above persons and Moso Soy. the second appellant (A -4) objected for the above persons beating the deceased. But, as the beating continued, he went out of the house followed by Sikur Samad. He went and informed the others. Thereafter, on 15.1.1982, the body was seen lying in the verandah on a mat near the house of one Manki. The information was received and later a complaint (Ext. 5) was given to the Investigating Officer on 19.2. '1982, i.e., a month and five days after the occurrence. The investigation of the crime was taken up and after inquest, the body was sent for postmortem. On receipt of the requisition and the dead body, PW 6, Dr. R.K. Ghosh conducted autopsy on the dead body of the deceased, Mithilesh Birua and he found the following injuries: (i) Rigour mortis was present both on lower and upper limbs, eyes were open, mouth half closed, on the head mid zone three way lacerated wound 3" x 1/2" x bone deep on the right eyebrow; (ii) On the right eyebrow lacerated wound 1" x 1/2" x bone deep was present; (iii) On the left side of the hip joint above the elliace created there was lacerated wound 3" x 1" x bone deep on the left side. (iv) From the nose watery liquid was coming out but in the mouth and palm there was no foreign body. The doctor issued Exhibit 2, the postmortem certificate, with his opinion that the death is on account of fracture of the partial bone and injury to the brain matter and that the injuries suffered by the deceased are sufficient in the ordinary course of nature to cause death.
(3.) AFTER completion of investigation, the final report was filed.;