- (1.) CRIMINAL Appeal No. 146 of 2000 is by Bargi Munda and Munga Munda, who were arrayed as A -2 and A -3 and Cr. Appeal No. 176 of 2000 is by Karia Pahan, who was arrayed as A -1 in Sessions Trial No. 451 of 1998 on the file of 2nd Additional Judicial Commissioner, Khunti, Ranchi. They were tried under Sections 302/34 and 201 of the Indian Penal Code, on the allegation that they murdered the deceased Sagar Munda, by joining with other accused and later with a view to screen the offence took the body of the deceased, where he was attacked, and left it near Kanchi river in village Kota. The trial Judge finding the appellants guilty, as charged, sentenced each one of them to imprisonment for life and also sentenced each one of them to three years rigorous imprisonment under Section 201 of the Indian Penal Code. The above appeals are against the said conviction and sentence.
(2.) IN this judgment, the appellant in Cr. Appeal No. 176 of 2000 and the appellants in Cr. Appeal No. 146 of 2000 will be referred as A -1 to A -3, in the order, as they were arrayed before the trial Judge, and the above two appeals are being disposed of by the following common judgment. Pw -7, Aangi Mudaln, is the wife of the deceased Sagar Munda. There was a dispute between the 1st accused, Karia Pahan, and the deceased as regards the cutting of a tree. This is said to be the motive for the occurrence, which, according to the prosecution, took place at 6.30 p.m. on 10.7.1997. At 6.30 p.m. on 10.7,1997 the deceased accompanied by his wife, Pw 7, Aangi Mudain, was returning from Khaguddin Bazar to his village Sukoriora. When they were near Sarna (a worship place), Pw 7 saw 6 -7 persons having Tangi and Balua in their hands. All of them surrounded the deceased, Sagar Munda, and attacked him. Pw 7 ran away from the scene. She went to the village and informed Pw 2, Sao Munda, Padya Munda, Bishwa Nath Munda, Mochi Munda and others. Information was passed on to the other villagers. Pw 7 accompanied by the villagers returned to the place where her husband was attacked. They could not find her husband, though they found blood -stains and a pair of sleepers at the place. The villagers and Pw 7 searched for the deceased and on 13.7.1997 found the dead body near Kanchi river in the village Kota. Information was sent to the police through chowkidar on 13.7.1997 and thereafter the fardbeyan, Ext. 4, was given by Pw 7, on the basis of which a crime was registered and investigation was taken up. The inquest was conducted by the Officer and the body was sent to the hospital for autopsy.
(3.) ON receipt of the requisition and the dead body, PW 6, Dr. V.K. Prasad, attached to the Sub -divisional Hospital, Khunti conducted autopsy on the dead body at 4.00 p.m. on 14.7.1997 and he found the following injuries: (i) Sharp cut injury 4" x 3" x 2" on right side of neck 2" above the right shoulder tip cutting the soft tissues, muscles, right side internal carotid, artery and vein. (ii) Sharp cut injury 5" x 2" x 2" inclined on right lower and of scapula - blade. (iii) Sharp cut injury 4" x 2" x 1 -1/2" on middle of left shoulder (in between). The doctor issued Ext. 2, the postmortem certificate, with his opinion that the deceased died on account of the injuries and that injury No. 1 was sufficient to cause death. ;