- (1.) THE appellants, in this appeal, will be referred as A -1 and A -3 to A -6 in the order, they were arrayed before the Sessions Judge, Pakur. They were tried under Sections 147, 342, 302/149 of the Indian Penal Code, on the allegation that on the night of 21/22.11.1982 they wrongfully restrained the deceased Phoga Soren and thereafter caused injury, as a result of which the said Phoga Soren died and the Trial Judge accepting the prosecution version, as evidenced by the oral and documentary evidence, found the appellants guilty and sentenced each one of them to imprisonment for life under Section 302 of the Indian Penal Code. He also sentenced each one of the appellants to one year imprisonment under Section 147 of the Indian Penal Code but did not award any separate sentence under Section 342 of the Indian Penal Code. The present appeal from the Jail is against the said conviction and sentence.
(2.) THE facts, which can be briefly summarized, are as follows: Phoga Soren, the deceased in the case, is the husband of Lupsi Hembrom, who was examined as PW.1. It is the case of the prosecution that there were 145 Cr.P.C. proceeding pending between the appellants ' group and the deceased group. On the evening of 21.11.1982 the villagers and Phoga Soren went to Ranipur to take Handia (illegally prepared grume). At about midnight PW 1 Lupsi Hembrom, wife of the deceased, heard some noise emanating. She, therefore, came out of the house, accompanied by her daughter PW 4 Marangmai Soren. She found inside the house of the 1st accused Boila alias Baila Hembrom her husband with his hands tied. She found all the accused beating him with boulders. She saw Sanatan Hembrom, A -5, beating him with Bhala and Baburam Murmu, A -4 beating him with Lathi. The 3rd accused Baija alias Baja Murmu threatened PW 1 that she will also be done to death. She returned to the house and later, informed PW 2 Missir Soren, Pradhan of the village. On 22.11.1982 Fard Beyan (Ext. 3) was given at 1.00 p.m., which was registered as a formal First Information Report and the same stands marked as Ext. 1. The investigation was taken up by PW 9, who conducted inquest over the dead body. The same is Ext. 4. After the inquest, the body was sent to the hospital with a request to conduct autopsy. On receipt of the requisition, PW 6 Dr. Ramesh Chandra Jaiswal conducted autopsy on the dead body of the deceased Phoga Soren and he found the following injuries: (i) One incised wound on the forehead 11/2" x 1/2" x bone deep; (ii) One lacerated wound on the right side of scalp; (iii) Bruise and lacerations all over chest, right shoulder; (iv) Compound fracture of left tibia and fibula and the middle and lower end; (v) Compound fracture of 3rd and 4th cervical vertebrae. The doctor issued Ext. 2, the Post Mortem Certificate. In his opinion, the death would have been on account of cardiac and respiratory failure on account of shock, which would have been on account of the fracture of 3rd and 4th cervical vertebrae. The Investigating Officer continued with his investigation, examined witnesses and, thereafter, filed the final report.
(3.) WHEN the appellants were examined under Section 313 Cr.P.C, they denied all the incriminating circumstances. They examined two witnesses as D.Ws. 1 and 2. DW 1, Rupatan Murmu son of Baburam Murmu, in his evidence stated that on the day of the incident, he and the deceased alongwith DW 2 Jharu Soren were returning from Ranipur after taking drinks and that at about 2.30 a.m. on 22.11.1982 a quarrel ensued between him and the deceased Phoga Soren and that the deceased Phoga Soren assaulted him with Lathi, causing injury. He has further stated that he became unconscious and regained consciousness only in the evening of 23.11.1982. DW 2 also supported the evidence of DW 1.;