- (1.) RAM Chandra Singh and Mastana Singh, appellant No. 1 and appellant No. 2 in this case, were arrayed an A -9 and A -8 respectively before the 6th Addl. Sessions Judge, Palamau, along with eleven others. They were charged under various sections and the appellants were specifically charged under Sec.302 IPC. The allegation against them is that they formed unlawful assembly along with other eleven accused at about 11.00 a.m. on 17.12.1983 and that in furtherance of the said unlawful assembly, they caused the death of the deceased, Basant Singh, causing injuries with farsa. The trial Judge on the evidence, both oral and documentary, while acquitting A -A to A -7 and A -10 to A -13 of the all the charges, found the appellants along guilty for the offence under Sec.302 Indian Penal Code, for which each of them was sentenced to imprisonment for life. The appellants, aggrieved by the said order of conviction and sentence, have chosen to prefer the present appeal.
(2.) THE facts as could be discerned from oral and documentary evidence can be briefly summarized as follows: The deceased, Basant Singh, PW 5 Upendra Singh,. PW 6 Mukesh Kumar Singh, PW 8 Pradip Kumar and PW 10 Mahendra Singh were brothers and sons of PW 3. It is the case of the prosecution that the appellants and the deceased were inimical towards each other on account of a dispute regarding landed property. On 16.12.1983, PW 5 Upendra Singh, PW 6 Mukesh Kumar Singh and PW 12 Daywanti Devi, wife of the deceased, went to plough their field and returned their house at 6.00 p.m. On 17.12.1983 at about 8.00 a.m., they once again went to plough their field and the deceased was also present with them. Shyam Bihari Singh, father -in -law of PW 3, went there to join them for polughing. At that time, Ram Swaroop Singh A -1, Parsuram Singh A -11, Dadai Singh A -12 and Nandkishore Singh A -13 reached the placed and took PW 12 to task for ploughing the field. Thereafter Nagindeo Singh A -3 and Mastana Singh, second appellant (A -8), talked with each other and at about 11.00 a.m., PW 12 Daywanti Devi, wife of the deceased, heard cries emanating from the place. She saw her husband being assaulted by several persons. When she ran to the place and while she was approaching at Bisbigahwa Tand, which was near the land of Ganesh Sao, she saw the first appellant Ram Chandra Singh and second appellant Mastana Singh (A9 and A8) giving farsa blows on her husband Basant Singh. She also found A -l Ram Swaroop Singh catching hold of the hand of the deceased. The family members including PW 12 attempted to save the deceased Basant Singh hut they could not succeed. On the contrary, in the process PWs. 8, 11 and 12 suffered injuries. Thereafter they climbed the roof of the house and through a hole, which was on the wall at a height of 7 feet, they saw the remaining part of the occurrence. After the appellants and other accused persons left the place, PW 12 came down and went to the police station where she lodged the fardheyan with the Sub -Inspector Sheo Bihar Singh at Garwa Police Station. In the meantime, Nagindeo Singh A -3 appeared at the police station and gave a complaint. In the complaint, he has alleged that father of PW 3, the deceased, PW 5, PW 10 and one Naresh Singh attacked the defence party and on account of such attack, Lakshmi Singh, his son, died. The said complaint was also registered as a case in crime No. Garhwa P.S. Case No. 264/183. Investigation was taken up in both the crimes and during the course of investigation, inquest was conducted over the dead body of Basant Singh and the inquest report is Ext. 2. After the inquest, the body of Basant Singh was sent to the hospital with a requisition to the Doctor to conduct autopsy. On receipt of the requisition, PW 1, Dr. Chunni Lal Prasad, conducted autopsy on the dead body and found the following injuries: (i) Incised wound over face and neck just below the left lower lobula of pinna 9" x 3" x "2.. (ii) Incised wound over face just below the injury No. 1 measuring 3" x 2" x 1" and 1/4" gap cutting skin of face,.... (iii) Incised wound over scalp, occipital region; middle 3" x 1" x bone deep (iv) Incised wound over left leg, middle part lateral side 3" x 2" x 1 -1/2" cutting left fibula. (v) Incised wound over skin of tibia 1/2" x 1/2" x 1/2" cutting the middle of tibia and muscles. The Doctor issued Ext. 1, post -mortem certificate, with his opinion that the death was on account of hemorrhage and shock due to the injuries and the death must have occurred about 24 hours prior to the autopsy.
(3.) AFTER completion of the investigation, final report was filed against the appellants and other accused.;