- (1.) THE appellants are Deomohan Singh, Prahlad Singh, Jatan Rautia and Basant Kumar Singh, who were arrayed as A5, A7, A8 and A9 before the 2nd Addl. Sessions Judge, Gumla, in S.T.No. 3/1989. The above four appellants were tried along with six others, who were arrayed as A1 to A4, A6 and A10. In the judgment, the appellants will be referred as A5 and A7 to A9 and the other accused (who were acquitted by the Trial Judge) will be referred as A1 to A4, A6 and A10 for the sake of convenience. The appellants were convicted under Section 302 read with Section 34 I.P.C and each of them was sentenced to imprisonment for life, though they were charged under Section 302 read with Section 149 I.P.C.
(2.) THE appellants and the deceased Bartu Singh were residents of the same village. On 5.6.1988 at about 8.00 p.m., the deceased Bartu Singh was sitting in his house. A1 Laloo Singh went there and abused the deceased by telling him that he is a beef -eater. On hearing the filthy language and hearing the accused say that he is a beef -eater, the deceased was annoyed and therefore, asked A1 Laloo Singh not to use such language against him. Shanti Devi, P.W.1, who is said to be the second wife of the deceased Bartu Singh, informed the village Mukhiya. P.W.2, Firan Rautia, reached the place and even after P.W.2 arrived, A1 Laloo Singh continued to abuse the deceased, as a result of which there were exchange of words between them. While the quarrel was going on, the other accused joined A1. On seeing the mob, the deceased attempted to go away from the place but he was beaten with a lathi by A9 Basant Kumar Singh. A5 Deomohan Singh, A7 Prahlad Singh and A8 Jatan Rautia beat the deceased with Baluwa and Tangi. He ran to a distance but he was followed and A7 Prahlad Singh hit him on his leg by Baluwa. He was also assaulted by lathi, as a result of which the deceased Bartu Singh fell down. He was brought home where he died. A written report, Ext. 2, was given by Mangal Devi (first wife of the deceased Bartu Singh) at 11.00 p.m. on 6.6.1988 at the police station, which was registered as a crime on 7.6.1988 under Ext.3. Investigation in the crime was taken up by P.W.6, Durga Prasad Singh, who, during the course of investigation, conducted inquest over the body of Bartu Singh and prepared inquest report, Ext.4. After the inquest, the body was sent to the hospital for post mortem. On receipt of the requisition and the dead body, Dr. A.K. Thakur, P.W.8, conducted autopsy and found the following injuries: 1. Incised wound of 5" 1" 1 1/2" over left mandible with mandible cut. 2. Incised wound of 5" 1" 1 1/2" below left pinna with temporal bone cut. 3. Incised wound of 5" 1" 1 1/2" over left side of neck with cut cervical vessels.
(3.) INCISED wound of 3" 2" 1 1/2" over left suprascapular;