- (1.) THE appellants, Narayan Yadav and Baleshwar Yadav, were arrayed as A1 to A2 before the Sessions Judge, Giridih, in S.T. No. 273/1993. They were charged and tried for the offences punishable under Section 147, 148 and 302 read with Section 149 I.P.C on the allegation that the appellants along with other accused (who were not sent up for trial) formed an unlawful assembly and that in furtherance of the common object of the said unlawful assembly, they caused injury to Baso Yadav at 7.00 a.m. on 10.11.1992, as a result of which the said Baso Yadav died, while he was removed to the Government Hospital for treatment. The Trial Judge, finding the appellants guilty under Section 302 read with Section 149 I.P.C, sentenced each of them to imprisonment for life and also imposed a fine of Rs. 5000/ - on each of them with default stipulation. The first appellant was found guilty under Section 149 I.P.C and the second appellant was also found guilty under Section 147 I.P.C, for which a sentence of three years and two years respectively were imposed upon the appellants. The present appeal is against the said conviction and sentence.
(2.) THE appellants and the deceased, Baso Yadav, were residing in the same village - Padaria. There was enmity between the parties as regards the enjoyment of the lands in the village. Civil cases were pending on the date of occurrence. At about 7.00 a.m. on 10.11.1992, P.W.3 Bhim Yadav, the nephew of the deceased Baso Yadav, was proceeding to his field to bring paddy bundles. When he was near the house of his uncle Baso Yadav, he saw the appellants catching hold of the deceased by telling him that the field of Ramchandra Yadav should not be cultivated. While the quarrel was going on, Dayanand Yadav, one of the accused, opened fire with a pistol, as a result of which P.W.3 suffered injury on his head. Chhotu Yadav, another accused, gave a Tangi blow on the right side of the head of P.W.3. On seeing this, Baso Yadav went to the rescue of P.W.3 and he was assaulted by the first appellant with sword. The second appellant, taking up stones, threw them on the deceased, while Banwari Yadav, Jageshwar Yadav, Nageshwar Yadav and Babulal Yadav as well as Dukhan Yadav and Parmeshwar Yadav inflicted injuries on the deceased Baso Yadav. Baso Yadav fell down. The occurrence was witnessed by P.W.3 and on hearing his cries, P.W.1, Baleshwar Yadav, and others came to the scene. The appellants went away from the place along with other accused. Baso Yadav was placed on a bullock cart and was taken to the Government Hospital but he died on the way. The fardbeyan, Ext.3, was given by P.W.3 at the police station, on the basis of which Gawan P.S. Case No. 60/1992 was registered under various sections including under Section 302 I.P.C. In the meantime, the first appellant, Narayan Yadav appeared at the police station and gave a complaint regarding the same incident, which was registered as Gawan P.S. Case No. 61/1992 by the Police Officer. As both the crimes, i.e. Gawan P.S. Case Nos. 60 and 61/1992, were in respect of the same occurrence, investigation in the crimes was taken up by P.W.7, Naziruddin, in both the crimes. On taking up investigation in the crimes, P.W.7 reached the scene of occurrence and after preparing the seizure list attested by P.W.5, wife of Raj Kumar Yadav, conducted inquest over the body of Baso Yadav by preparing inquest report, Ext.4. After the inquest, the body was sent to the hospital for autopsy.
(3.) ON receipt of the requisition and the dead body, a Medical Board was constituted, of which P.W.6, Dr. V.P. Singh, and P.W.8, Dr. A.K. Sahay, were members. On conducting autopsy on the dead body, the Medical Board found the following injuries: (i) Incised wound extending from posterior part of the occipital prominence to angle of mandible right side - 6" x 1 1/2" x bone deep, Cervical vertebra at level of 4th. All underlines of tissues, arteries and nerves were cut. Spinal chord was partly cut at the leve of C -4 vertebra. (ii) Incised wound - 3" x 2" x bone deep superior border of left scapula and extending to right scapula back. (iii) Oblique incised would 21/2" x 1" x muscle deep below right scapular region. (iv) Incised would 3" x 1" x muscle deep in the right calf of the wound, was transversely placed. (v) Incised would 31/2" x 1" x muscle deep in the right arm. (vi) Abrasion 1" x 1/2" above the left ankle. (vii) Abrasion 1" x 1/2" on the right shoulder. The post mortem certificate, Ext.2, was issued by the Board with the opinion that the injuries (i) to (v) would have been caused by sharp cutting weapon and injuries (vi) and (vii) would have been caused by hard and blunt substance and death could have occurred within 36 hours. ;