- (1.) THE appellants 1 to 3, Udai Baskey, Mahantha Baskey and Moti Lal Hembaran were arrayed as A -1, A -3 and A -2 respectively before the Additional Sessions Judge, Dumka. They were tried alongwith 9 others for various offences including Sections 302 and 323 IPC. While the trial Judge acquitted the other 9 accused, it found the appellants alone guilty and sentenced appellant Udai Baskey (A -1) to imprisonment for life under Section 302 IPC, appellant Mahantha Baskey (A -3) to undergo imprisonment for life under Section 302 IPC as well as R.I. for three months, under Section 323 IPC, whereas appellant Moti Lal Hembaran (A -2) was sentenced to suffer R.I. for three monthsunder section 323 IPC. However, both the sentences of appellant Mahantha Baskey (A -3) were ordered to run concurrently. The present appeal is against the said conviction and sentence.
(2.) THE facts necessary to dispose of this appeal are as follows: PW 3 Sakal Murmu is the son of the deceased Khande Marandi and PW 1 Churki Murmu is the daughter of the deceased and sister of PW 3. The appellants and the deceased were residents of village Saraidaha. According to the prosecution, there was land dispute pending between the appellants and the deceased. This is said to be the motive for the occurrence which took place at 10.00 a.m. on 6.8.1980. On 6th August, 1980, at 10.00 a.m. Sakal Murmu (PW 3) alongwith his mother Khande Marandi, the deceased in this case, and sister Churki Murmu (PW 1) were in the field taking out the paddy seedlings. Alongwith them PW 7 Munshi Marandi, PW 9 Biti Hemram and PW 10 Tusi Hembram were also present there. The Appellants went there and appellant No.1 Udai Baskey, appellant No. 2 Mahantha Baskey and appellant No. 3 Motil Lal Hembaran, each was having lathis in their hands. Appellants 1 and 2 started beating the deceased Khande Marandi with lathi. PW 1 Churki Murmu intervened and she was also assaulted by appellant No. 3 Moti Lal Hembaran. Thereafter, all the appellants went away from the place. PW 3 Sakal Murmu accompanied by his sister Churki Murmu (PW 1) leaving the scene of occurrence, proceeded to Sikaripara Police Station and gave fardbeyan (Ext. 4). As PW 1 Churki Murmu had injuries on her person, she was referred to the hospital for treatment. On being referred, PW 8, the Medical Officer attached to the hospital, examined PW 1 Churki Murmu at about 4.30 pm and he found two lacerations on the head and one bruise on her back. He issued Ext. 2, the wound certificate for the injuries found on Churki Murmu (PW. 1).
(3.) IN the meantime, investigation was taken up and the Investigating Officer proceeded to the scene of occurrence and conducted inquest. He prepared the Seizure -list (Ext. 5) and later sent the dead body of Khande Marandi to the hospital for post mortem.;