- (1.) GR . Appeal No. 43/2000R is by Kinua Oraon and Maghi Oraon, who were arrayed as A4 and A5 in Sessions Trial No. 502/1987 before the 1st Addl. Sessions Judge, Gumla. Cr. Appeal No. 45/ 2000R is by Bindhyachal Pandey, Mahabir Oraon and Surya Oraon, who were arrayed as A2, A3 and A6 in the said Sessions Trial. Cr. Appeal No. 99/2000 R is by Jitbahan Oraon, who was arrayed as A1 in the same Sessions Trial. The above appeals are disposed of by the following common judgment and in the said judgment, the appellants in the above appeals will be referred as A1 to A6 in the same order as they were arrayed before the Sessions Judge for the sake of convenience.
(2.) THE facts are as follows: - P.W. 2, Chainya Orain, is the wife of the deceased, Madra Oraon. P.W. 7, Somra Ora on , is their son. P.W.1, Ewo Oraon, and P.W. 4, Fague Oraon, are the brothers of the deceased, Madra Oraon. P.W. 3, Suka Oraon, is the nephew of the deceased. They and the accused 1 to 6 were residing in the same village. The accused were suspecting that the deceased was practising witchcraft. Therefore, they complained to the Panchayatdars. A Panchayati was convened and at the Panchayat, the deceased was made to pay a fine. The deceased, after paying the fine, gave a complaint at the police station and a criminal case was filed against A1, A2 and others. Therefore, the accused were nurturing a grievance against the deceased. This is said to be the motive for the occurrence which took place on 14.2.1987. On 14.2.1987 at 11.00 p.m. the deceased, Madra Oraon, took his bed in the house and his wife, P.W. 2. and others were in the house. Suddenly, the door was broken open and all the accused. namely. A1 to A6, entered the house. A1 Jitbahan Oraon was having a Balua and A2 to A6 were having Lathis. On entering the house, they started beating the deceased and A 1 inflicted a blow with the Balua on the head of the deceased. P.W. 2, Chainya Orain, seeing the attack on her husband, intervened and she was beaten by A 1 and A2. She also received injuries. Thereafter. the accused went to the house of Bhoja Oraon, who is the uncle of the deceased and searched for him but they could not find him. Then they came to the house of the deceased, dragged the body to some distance and left it near the house of Deodip Pandey and then the accused left the place. P.w. 2 gave Ext. 4, the fardbeyan, on 15.2.1987 at the police station, on the basis of which a crime was registered. P.W. 9, Bhaiya Lal Singh, took up investigation in the crime. He reached the scene of occurrence and prepared a seizure list, Ext. 6 under which the broken wooden planks of the door and other articles were seized. He conducted inquest over the dead body by preparing inquest report, Ext. 5. After the inquest, the body was sent to the hospital with a requisition. P.W. 2, who had injuries, was also referred to the hospital for treatment.
(3.) ON being referred by the Police Officer, P.W. 2, Chainya Orain. went to the hospital and was examined by P.W. 6, Dr. Pashupati Nath Mishra, who found lacerated wound on the left temporal occipital region on the person of P.W. 2, measuring 1/2' x 1/2' which was found to be skin deep. The Doctor also found scratches on the lateral aspect measuring 2" x 1/2". The Doctor noticed that she had complaint of pain. He also noticed another swelling injury on the right arm measuring 11/2' x 1" which was oval shaped. The Doctor issued Ext. 9. the injury report, with his opinion that the injuries are simple in nature.;