- (1.) : The appellants, Joseph Ekka and Johan Ekka, were arrayed as A 1 and A2 before the 1st Addl. Sessions Judge, Gumla and tried under Section 302 read with section 34 I.P.C., on the allegation that they inflicted injuries on Rogha Bhagat aged about 70 years at 6.30 p.m. on 4.3.1993 leading to his death. The Trial Judge, finding each of the appellants guilty, sentenced each of them to imprisonment for life. The present appeal is against the said conviction and sentence.
(2.) ROGHA Bhagat is the father of Lohra Bhagat, P.W. 8. P.W. 5 Mahabir Bhagat is the son of P.W. 8 They were the residents of village Joratand in which the appellants were also residing. About two days prior to the date of incident, a quarrel " arose between the appellants and the deceased when the deceased was to plough a field situate by the side of the road near a canal over which there was some dispute between the appellants and the deceased. It is said to be the motive. At about 6.30 a.m. on 4.3.1993, Rogha Bhagat went out of his house to feed his goats and at about 7.00 a.m. P.W., 8, who was in the house, heard the cries of his father. He came out of the house and found the appellants chasing his father, who was running towards his house. When Rogha Bhagat reached near a Bridge which was constructed over a canal, he was overpowered and was assaulted with Ballam and Baluwa. On receiving the injuries at the hands of the appellants, Rogha Bhagat fell down. On hearing the cries, the villagers Gandur Oraon, Bania Oraon, Basu Oraon and others came to the scene. The occurrence was witnessed by P.W. 3 Gandur Oraon, P.W. 5 Mahabir Bhagat, who is the son of P.W. 8 and P.W. 8 Lohra Bhagat Thereafter, a complaint, Ext. 1, was given at the police station, on the basis of which a crime was registered and investigation was taken up. Inquest over the dead body of Rogha Bhagat was conducted and the inquest report is Ext 4. After the inquest, the body was sent to the hospital for autopsy.
(3.) ON receipt of the requisition, Dr. Mani Bhushan Prasad, P.W. 2, conducted autopsy on the dead body of Rogha Bhagat and he found the following injuries: - (i) Abrasion over left dorsal aspect of wrist of 1/2" x 1/4" size; (ii) Abrasion over right extensor aspect of forearm in lower 3rd of the size 1" x 1/2 ; (iii) Bruise over left eye brow of the size 11/2 x 1/2 (iv) Bruise over the right mastoid region 2" x 1 "; (v) Incised wound over right parietal region of the size 21/2 x 1/4; (vi) Incised wound over frontal region of the size 1" x 1/2 x 1/4 (vii) Lacerated wound over right side of occipital region 11/2 x 1/2 x bone deep with fracture of occipital bone and laceration of brain." The Doctor issued Ext. 2, the post mortem certificate, with his opinion that injury nos. (i) to (iv) would have been caused by hard and blunt substance and injury nos. (v) and (vi) would have been caused by some sharp object and that death is on account of haemorrhage and shock due to the above injuries.;