- (1.) The appellants 1 to 6 were arrayed as A1, A4, A2, A3 and A5 before the Sessions Judge along with A6, Upendra Chamar who was arrayed as A6. The trial Judge framed charges against the appellants under Sections 147, 302 read with 149 and 323 I.P.C. After the trial, on the evidence adduced, while the trial Judge acquitted A6, Upendra Chamar, found the accused-appellants alone guilty and sentenced each one of them to imprisonment for life under Section 302 read with 149 I.P.C. He also found them guilty under Sections 323 and 147 I.P.C. for which no separate sentence was awarded. The present appeal is against the said conviction and sentence.
(2.) In the judgment the appellants will be referred as A1, A4, A2, A3 and A5 in the order they were arrayed before the Sessions Judge for the sake of convenience and Upendra Chamar who was acquitted will be referred as A6.
(3.) P.W.3, Dhaneshwar Rain is the son of the deceased, Keshri Mochi. There was a dispute pending between the accused group and the deceased group as regards collection of mahua flowers from a tree. The Assistant Settlement Officer, Nawadih Camp stated to have informed P.W.3 that they have half share in the mahua tree. On the date of incident the deceased along with his son, P.W.3 and another son Muneshwar Ram went near the tree to collect mahua flower. At that time the accused objected to the deceased collecting the flowers. The words were exchanged between the parties and thereafter quarrel ensued. At the time of quarrel the first accused beat the deceased on the head with a lathi, When Muneshwar Ram intervened he was also beaten and that P.W.3 suffered injury when he was beaten by the 2nd accused, Faguni Chamar. Keshri Mochi was removed to the hospital but at the hospital he died. On the same day at noon P.W.3 lodged fardbeyan, Ext.l at the police station which was recorded by Sri Kedar Nath Singh, S.I. The investigation in the crime was taken up by the officer After the inquest was over the dead body was sent to the hospital and requisition was given to the doctor for conducting autopsy.;