D.N.UPADHYAY, J. - (1.) Criminal Appeal (DB) Nos.469, 402, 442, 466 and 517 of 2008 have been preferred by appellants namely Bishwanath Rawani, Sukhdeo Rawani, Nuni Bala Devi, Rajendra Rawani and Khageshwar Rawani respectively against the judgment of conviction and order of sentence dated 16.02.2008 and 19.02.2008 respectively, passed by the Additional Sessions Judge -13, Dhanbad in connection with Sessions Trial No.73 of 2005 corresponding to G.R. Case No.1584 of 2004 arising out of Baliapur P.S. Case No.53 of 2004 whereby and whereunder they have been held guilty for the offences punishable under Section 302/149, 323/149 and 148 of the Indian Penal Code and sentenced to undergo life imprisonment and to pay fine of Rs.1000/ - under Section 302/149 of the Indian Penal Code, six months R.I. under Section 323/149 of the Indian Penal Code and in default of making payment of fine further imprisonment for three months. Criminal Appeal (DB) No. 209 of 2011 has been preferred by appellant Dhaneshwar Rawani against the judgment of conviction and order of sentence dated 19.02.2011 and 21.02.2011 respectively passed by the Additional Sessions Judge -1, Dhanbad in connection with Sessions Trial No.73 -A of 2005 corresponding to G.R. Case No. 1584 of 2004 arising out of Baliapur P.S. Case No.53 of 2004 whereby and whereunder he has been held guilty for the offences punishable under Section 302/149 and 147 of the Indian Penal Code and sentenced to undergo imprisonment for life under Section 302/149 of the Indian Penal Code and R.I. for six months under Section 147 of the Indian Penal Code.
(2.) Since all the appeals arising out of one and same occurrence i.e. Baliapur P.S. Case No.53 of 2004 corresponding to G.R. Case No. 1584 of 2004, are disposed of by this common judgment.
(3.) The facts emerging from the fardbeyan of Phulchand Rawani recorded on 24.05.2004 at Central Hospital, Saraidhela, Male Surgical Ward No.III, Bed No.19 at 13.00 hours are that on the same day at about 7.30 a.m. while Karla Devi (deceased) was washing her hands and mouth by standing near the door of her house, Dhaneshwar Rawani hurled abuses and raised objection against flow of water. In the mean time, Rajendra Rawani and Bishwanath Rawani both sons of Dhaneshwar Rawani dragged Karla Devi to the courtyard of their house. The alarm raised by the deceased attracted Sanjay Rawani whereafter the informant with his son Sanjay tried to save Karla but till then the accused persons took out sword, tangi, spear, lathi etc. The former accused were joined by accused Sukhdeo Rawani, Khageshwar Rani, Nuni Bala Devi and Rinki Devi who all were armed with sword and tangi. On being ordered by Dhaneshwar Rawani, Rajendra Rawani with the help of his mother Nuni Bala Devi and sister Rinki Kumari pulled down the deceased on the ground. It is alleged that Nuni Bala Devi and Rinki Kumari caught hold of hand and leg of Karla Devi whereas Rajendra was catching hold of head of the deceased. Bishwanath Rawani, by using sword, slit the neck of Karla Devi as a result she died at the spot. Thereafter Bishwanath Rawani hurled sword blow on the person of informant and caused injury on his hand. Sanjay Kumar Rawani and Madan Kumar Rawani were also assaulted by the appellants by means of tangi, lathi, sword etc.;