- (1.) Cr. Appeal No. 182 of 1990 is by A-8, Chaudhary Mahto, and Cr. Appeal No. 174 of 1990 is by A-1, Jodhan Mahto, A-2, Puran Manjhi, A-3, Chandi Mahto @ Cheri Mahto, A-4, Bhim Rana, A-4, Shaligram Rana, A-6, Thakur Mahto, A-7, Etwari Mahto and A-9, Sahdeo Modi.
(2.) In the judgment, the appellants in both the appeals will be referred to as A-1 to A-9, in the same order as they were arrayed in Sessions Case No. 155 of 1984/10 of 1986 before the Additional District & Sessions Judge, I, Deoghar, for the sake of convenience.
(3.) The deceased Tejan Rana was residing in the village Baijukura. There were disputes pending between A-7, Etwari Rana and others on one side and the deceased, Tejan Rana, on the other, on account of which proceedings under Section 107 Cr.P.C. were initiated. The accused executed bonds in the said proceedings and, therefore, they were aggrieved against the deceased. It is said to be the motive for committing the occurrence. The occurrence took place at 7.30 a.m. on 13.11.1980 in the village Gobardaha. At about 7 a.m. the deceased Tejan Rana went to the village Gobardaha for hiring labourers to do agricultural work in his village. While he was in the village Gobardaha, accused 1 to 9 saw him and started chasing him. The deceased ran towards western field of Gobardaha and while running he fell down. The accused were armed with Lathi, Bhala, arrows and swords. After he fell down, the accused inflicted injuries on the deceased Tejan Rana with swords and other weapons. Chaudhari Mahto, A-8, cut his hands and legs, leading to bleeding injuries. Thereafter, the occurrence was witnessed by PW-1, Rameshwar Prasad Roy, PW-2, Shiv Shankar Modi, PW-3, Sachi Kant Roy and PW-5, Bhola Prasad Roy. The witnesses took the deceased Tejan Rana to Mohanpur Police Station where the deceased gave his statement, Ext. 4, on the basis of which a crime was registered and investigation was taken up by the Investigating Officer. The injured was sent to the hospital and thereafter the Sub Inspector of Police, Mohanpur Police Station, issued a requisition to the Judicial Magistrate, Deoghar, requesting him to go over to the hospital to record the statement of the deceased, Tejan Rana. Accordingly, PW-13, the Judicial Magistrate, Deoghar proceeded to the hospital and recorded the statement, Ext. 7, given by the deceased at 1.00 p.m. on the same day. It was recorded in the presence of a Medical Officer.;