- (1.) THE appellants 1 to 4 were arrayed as A -2, A -4, A -l and A -3, in that order, before the trial Judge to face a charge of murder and also a charge under Section 323, IPC on the allegation that they in furtherance of common intention of one another beat the deceased Beta Lal Tudu @ Chhotu Lal Tudu and further that they also caused simple injuries to PW 6 Charan Tudu and PW 8 Darbari Tudu. The trial Judge, finding the appellants guilty as charged while sentencing each of them to two months' rigorous imprisonment under Section 323, IPC, directed them to undergo imprisonment for life under Section 302 read with Section 34, IPC. The above appeal is against the said conviction and sentence.
(2.) IN the Judgment, the appellants will be referred as A -1 to A -4 in the same order as they were arrayed before the Sessions Judge. Asani Rai and Gundu Roy, A -2 and A -3 are the brothers, Badri Roy A -4 is the uncle of A -2 and A -3 and Shibu Roy A -1 is the cousin of A -2 and A -3.
(3.) ON 1.5.1998, the deceased Beta Lal Tudu accompanied by Suresh Murmu, PW 14, went to the house of the father of A -2, Parmeshwar Rai, to attend a Barat where A -2 Asani Rai and A -3 Gundu Rai were also present. They requested the deceased and Suresh Murmu PW 14 to sit down to take their meals. At that time, all the accused questioned the deceased and PW 14 as to why they are taking meals in the house of Parmeshwar Rai (father of A -2), to which the deceased Beta Lal Tudu asked them as to why they were asked to take seat if they do not want to feed them. Thereupon all the accused started beating the deceased and he ran to a distance and fell down in the field of Shyam Lal Tudu. PW 6 Charan Tudu and PW 8 Darbari Tudu intervened and they also suffered injuries. On hearing the cries of the deceased and the witnesses, PW 4 Rabindra Tudu, PW 9 Chotelal Tudu and PW 7 Micke Tudu and other villagers arrived at the spot. The accused went away from the scene. The deceased suffered injuries and was bleeding through nose. The deceased and other witnesses, PW 6 and PW 8, were placed on a bullock cart and taken to Ramgarh State Dispensary where PW 10, Dr. Binod Kumar Choudhary, examined PW 6 and he found a lacerated wound 1 -1/2" x 1/2" x 1/2" on the occipital region. The doctor also noticed tenderness and restricted movement of his shoulder. Tenderness was also found in the left axilla. The doctor sent Ext. 9, the O.D. Slip, to the police station. Ext. 2 is the injury report prepared by the said doctor for PW 6. The doctor also examined PW 8 at 11.30 a.m. and found three lacerated wounds of different sizes on the forehead, left parietal bone and left leg. Swelling on left elbow joint was also noticed. He was advised to take x -ray and was referred to Dumka Sadar Hospital for better treatment. Ext. 2/1 is the injury report prepared by the said doctor for PW 8. In the meantime, on receipt of the O.D. Slip, the Police Officer, PW 15, went to the hospital and recorded Ext. 4, the fardbeyan, given by PW 8, Darbari Tudu, on the basis of which a crime was registered through a formal FIR, Ext. 5.;