- (1.) THE appellants, eight in number, were arrayed as A -1 to A -8 before the trial judge. The 1st and 2nd appellants were charged under Section 148 and appellants 3 to 8 under Section 147 of the Indian Penal Code. All the accused were also charged under Sections 449, 323 and 302 read with Section 149 of the Indian Penal Code. The trial judge, while convicting the appellants, as charged, and sentencing each one of them to imprisonment for life under Section 302 read with 149 of the Indian Penal Code, did not award any separate sentence under Sections 147, 148, 323 and 449 of the Indian Penal Code. The present appeal is against the said conviction and sentence.
(2.) THE facts, in nutshell, are as follows : Harmunia Pasin, PW -2, is the wife of the deceased, Arjun Pasi. PW -1, Ganga Pasi, is their son. They were residents of village Athmoria within the police station limits of Mohanpur. The appellants -accused were also the residents of the same village. On 17.6.1985 at about 9.00 a.m. cattle belonging to one Gorki Pasin grazed the paddy seedlings of the deceased. Ganga Pasi, PW -1, therefore, drove the cattle to his house and on the way he was accosted by Karu Pasi, A -7. A -7 after fisting and slapping PW -1, a boy aged 8 years by then, took away the cattle. PW -1 returned home weeping. He informed his parents, namely the deceased and Harmunia Pasin (PW -2), the wife of the deceased. It is the further case of the prosecution that the appellants followed PW -1 to the house of the deceased and thereafter started beating the deceased and that he was assaulted with Tangi and Farsa by Dasrath Pasi and Kamal Pasi, while the other appellants beat him with lathis. When PW -2, Harmonia Pasin, intervened, she also suffered injuries at the hands of the appellants. Arjun Pasi and PW -2, Harmonia Pasin, went to Sadar hospital from where information was sent to the police. The police officer went to the hospital and recorded Fardbayan, Ext.3, given by PW -2 at about 12.45 p.m. A crime was registered at the police station. After the crime was registered, investigation was taken up by PW -11, Surendra Singh. He examined witnesses and recorded the statements.
(3.) PW -2 was examined by PW -9, the Casualty Medical Officer, who found bruise and laceration. He has issued Ext.4, the injury report, for the injuries found on PW -2. Dilip Pasi, who is son of the deceased and PW -2, also suffered injury and was examined by PW -10, Dr. Kameshwar Prasad, who found laceration and abrasion and the injury report, Ext.5, was issued. While the investigation was proceeding, Arjun Pasi breathed his last on 18.6.1985. The crime was altered to Section 302 of the Indian Penal Code. PW -11 proceeded to the hospital and conducted inquest and the inquest report is Ext.2. PW -11 gave a requisition to the Medical Officer, requesting him to conduct autopsy. On receipt of the requisition, PW -10, Dr. Kameshwar Prasad, conducted autopsy on the dead body of Arjun Pasi and he found abrasion, ecchymosis, swelling, laceration and incised wound of different dimensions upon different parts of the body. The doctor found marks of hamatoma over the scalp and fracture of both temporal and parital bone. He also noticed fracture of 7th, 8th and 9th ribs. The doctor (PW -10) also issued Ext.6, the post mortem report, with his opinion that the death is on account of shock and haemorrhage due to the injuries suffered by the deceased.;