- (1.) A 1, A4, A7, A6, A8 and A3 in Sessions Trial No. 229 of 1988 are the appellants in Cr. Appeal No. 156/1990 R and A2, A5 and A9 in the same Sessions Trial are the appellants in Cr. Appeal No. 201/1990R. The above two appeals are being disposed of by this common judgment as both the appeals are against the same Sessions Trial.
(2.) IN this judgment, the appellants in Cr. Appeal No. 156/1990R and the appellants in Cr. Appeal No. 201/1990R will be referred as A 1 to A9 in the same order as they were arrayed before the Sessions Judge for the sake of convenience. A 1 to A9 were charged under section 307, 302 read with Section 149, 447, 147 and 148 LRC. The Trial Judge, on the evidence adduced, while finding the appellants guilty under section 302 read with Section 149, sentenced all of them to imprisonment for life. On finding the appellants guilty under section 307/149, 447, 148 and 147 I.P.C., the Trial Judge did not award any separate sentence. The present appeals are against the said conviction and sentence.
(3.) THE brief facts, which are necessary for disposal of these appeals, are as follows: - The deceased, Parsuram Chaudhary, was a resident of Rabda Tola within the, police station limits of Chainpur and within the district of Palamau. There was a dispute pending between the deceased family and the accused group. P.W.5 Vijay Chaudhary is the cousin of the deceased Parsuram Chaudhary and P.W. 2 Girwar Chaudhary is the younger brother of RW. 5, P.W. 5 Vijay Chaudhary and his younger brother, P.W. 2, erected a fence in the field over which there was a dispute between the two groups. The fence was erected after Sawa seeds were sown. On the date of incident at about 8.00 p.m., the accused hurled abuses, went to the place where the fence was erected and questioned as to who erected the fence. Kailash Chaudhary, father of Vijay Chaudhary P.W. 5, and RW. 1 Keswar Chaudhary, uncle of RW. 5, alorlgwith the deceased Parsuram Chaudhary went to the place where the accused were standing and abusing. The deceased, Parsuram Chaudhary, was holding a Lantern in his hand. On seeing RW. 2 Girwar Chaudhary and P.W. 5 Vijay Chaudhary, the accused questioned them and A1 Ram Chandra Chaudhary, A2 Bhawani Chaudhary A3 Madador Chaudhary, A4 Hira Chaudhary and A5 Prit Chaudhary, A7 Chanarik Chaudhary and A8 Munarik Chaudhary as well as A9 Dudhkal Chaudhary, who were having lathis in their hands and AS Dwarika Chaudhary, who was having a Garasa in his hand, attacked P.Ws. 1, 2 and 5. Kailash Chaudhary also suffered injuries at the hands of the accused. The deceased Parsuram Chaudhary questioned them and he was also attacked by the accused. AS Dwarika Chaudhary gave a Garasa blow on the head of Kailash Chaudhary. A2 Bhawani Chaudhary, AS Prit Chaudhary A9 Dudhkal Chaudhary assaulted Parsuram Chaudhary, the deceased, with lathis; A5 also assaulted the deceased Parsuram Chaudhary on his head. Thereafter P.Ws. 2, 5 and Kailash Chaudhary raised alarm and the accused ran away from the place. The villagers gathered and on the next day, a fardbeyan was laid at 2.00 p.m. by P.W. 5 at the police station, which was registered as a crime. Investigation was taken up by the officer (he was not examined during trial) and after the inquest, the body of Parsuram Chaudhary was sent to the hospital for autopsy.;