- (1.) The appellants 1, 2, 3, and 5 were arrayed as A 1, A4, A2, A5 an A3 respectively before the Sessions Judge, Deoghar. They were tried under Section 30 read with 149 of the Indian Penal Code as well as under Section 3 of the Explosive Substance Act. trial Judge, finding the appellants guilty under Section 302 read with Section 149 of the Indian Penal Code, sentenced each one of them to imprisonment for life and also imposed sentence seven years tinder Section 3 of the Explosive Substance Act. Though they were a charged under Section 147 and 148 of P. C. and convicted, the Sessions Judge did not impose any separate sentence. The appeal is against the said conviction and sentence.
(2.) The facts are as follows : P. W. 5, Dhaneshwar Mahto is a cousin the deceased; P. W. 3, Degan Mahto is brother of the deceased. The appellants the deceased as well as other witnesses w residing in the same village. The disputes were pending between the appellants and the family of the deceased and during the relevant period, proceedings under Section 107 and 145 of the Criminal Procedure Code were in progress. Civil suits were also pending in the civil courts as regards enjoyment of land. This is said to be the motive for the occurrence which took place at 8.30 P. M. on 9-6-1982. On 9.6.1982, at about 8.30., the deceased was sitting along with P. Ws. 1, 3, 4 and 5. The Chowkidar and others were also present at the place. They were engaged in conversation. Thereafter, P. W. 3 and the Chowkidar left the place and sometime later, appellants 1 to 5 armed with weapons like bhala, lathi etc. went there along with the unknown persons. The deceased was beaten with sharp cutting weapons and a bomb was also thrown, as a result of which the deceased, Tulsi Mahto suffered injuries. On hearing alarm of the witnesses villagers gathered and found Tulsi Mahto near the house of Kaleshwar Rana to which place he was dragged by the appellants. The witnesses attempted to take him to the police station but he died. At about 1 A.M. on 9/ 10-6-1982, Fardbeyan, Ext. 2 was given by P. W. 5 and it was registered as a crime at the P. S. The investigation was taken up by P. W. 8, ashwani Kumar Chatterjee who conducted inquest over the dead body by preparing inquest report, Ext. 3. After the inquest the body was sent to the hospital with a request to the doctor to conduct autopsy.
(3.) On receipt of the requisition, P. W. 7, Dr. S. S. Sen conducted autopsy on the dead body and he found the following injuries:- "1. Multiple small born wounds of 1/4th diameter on the whole of right side of chest on the axillary line. 2. Two incised wound 1/2" x 1/4" x Chest deep on the middle of right side of chest on the axillary line surrounded on all sides by injury No. (1). 3. Multiple small burn wounds of about 1/4" diameter on the inner side of left arm and elbow." The doctor issued Ext. 1, the post mortem certificate with his opinion that the death is on account of shock and haemorrhage due to injuries.;