N.DHINAKAR, C.J. - (1.) THE appellants 1 to 6 were arrayed as A/5, A/1, A/2, A/3, A/4 and A/6 before the Sessions Court and in this judgment, they will be referred to as A/1 to A/6, in the order they were arrayed before the Sessions Judge, for the sake of convenience.
(2.) THEY were tried under Sections 302/34, 201 and 120B of the Indian Code on the allegation that between 19.4.2002 and 22.4.2002, they in pursuance of a conspiracy hatched, caused the death of Manju Kumari by inflicting injury on her body and later threw the body in a field at village Antapur Moulana Bahiyar. The learned trial judge, on the evidence adduced, both oral and documentary, while finding the 1st appellant (A/5) guilty, as charged, sentenced him to death under Section 302/34 read with Section 120B of the Indian Penal Code. He was also sentenced to seven years rigorous imprisonment under Section 201 of the Indian Penal Code. A/1, A/2, A/3, A/4 and A/6 were sentenced to imprisonment for life and each one of them was also directed to pay a fine of Rs. 5000/ - and in default of payment of fine, to undergo Rigorous imprisonment for one year. A/3, A/4 and A/6 were also found guilty under Section 201 of the Indian Penal Code and sentenced to seven years rigorous imprisonment. The present appeal is against the said conviction and sentence. The facts are as follows : The deceased Manju Kumari is the daughter of PW -4, Feku Saha. On 19.4.2002 the deceased asked her fathers permission to go to a Mela (Fair). PW -4 granted permission to his daughter and he went away to paddy field to irrigate his crops. He returned to his house at 6.00 p.m. and inquired his wife, Anchala Devi(PW -24) about his daughter, Manju Kumari. PW -24, Anchala Devi, informed PW -4 that their daughter did not return home. PW -4 waited for an hour for the arrival of his daughter and finding his daughter not returning home in time, went in search of her. He could not find her. He continued to search for his daughter till 22.4.2002, on which date he received information that a dead body is lying in the village Moulana Bahiyar. He went to the said village and found the dead body lying naked. He identified it to be the body of his daughter. Foul smell was found emanating. Thereafter, he went to the police station and gave Ext.2, the Fardbayan to the police officer. Formal FIR was registered and investigation was taken up by the Investigating Officer (he was not examined, during trial).
(3.) AFTER the investigation was taken up, inquest was conducted and the dead body was sent to the hospital for post mortem. On receipt of the dead body and the requisition, Dr. Sunil Kumar Sinha, PW -3, conducted autopsy on the dead body of Manju Kumari and found the following injuries : (I) Both the hands above the wrist joint were chopped off exposing the cut bone ends with soft tissues. (II) Loss of left feet below left ankle with exposed cut bone ends of tissues. (III) Loss of whole of the skin, subcutaneous fat and muscle over both mammary are exposing ribs and lacerated Inter costal muscle with plenty of maggots. (IV) Ruptured neck muscles on right side with neck twisted to left side. The doctor issued Ext.1, the post mortem report, with his opinion that the death is on account of shock and haemorrhage and death would have occurred about 48 hours prior to autopsy. ;