- (1.) The appellant Nos. 1 and 3, namely, Joljus Minz and Bishram Minz were put on trial for the charge under Section 302/34 of the Indian Penal Code along with the appellant No. 2 Chonhas Minz charged under Section 302 of the Indian Penal Code and also with Marga Minz and Daud Minz, charged under Section 302/109 of the Indian Penal Code, for committing murder of Rajan Minz. Further, Joljus Minz was also charged under Section 148 of the Indian Penal Code, whereas all other accused persons were charged under Section 147 of the Indian Penal Code. That apart the appellant Nos. 2 and 3, namely, Chonhas Minz and Bishram Minz were also charged under Section 323 of the Indian Penal Code.
(2.) The trial court, while acquitting the Marga Minz and Daud Minz, found Chonhas Minz guilty for offence under Section 302 of the Indian Penal Code whereas the other two appellants, namely, Joljus Minz and Bishram Minz, were found guilty for offence under Section 302/34 of the Indian Penal Code and all the three were awarded sentence for imprisonment of life.
(3.) The case of the prosecution is that on 27.06.1997, at about 6 o'clock, in the morning, the deceased, Rajan Minz asked his wife, Pushpa Minz, the informant (P.W.-5) to come to the place of one Rajendra Ram, for taking pieces of wood as Rajendra Ram has been cutting the branches of the tree. By saying so, the deceased went ahead. After half an hour Pushpa Minz, wife of the deceased, came to field of Lodhro Baraik and saw brother of Rajendra Ram, cutting the branches of the tree. At that point of time, the deceased along with Rajendra Ram came over there and while they had had talk with the brother of Rajendra Ram, all the three appellants, came over there along with their mother-Marga Minz, who asked from the deceased, as to why, he has taken some earth from the place where she had put her step but the deceased denied of taking earth. Upon which Marga Minz exhorted her three sons i.e. all the appellants to kill him. Daud Minz father of all the three appellants, who was standing near his house, also exhorted these three appellants to kill the deceased. Thereupon all the three appellants caught hold of Rajan Minz-the deceased and the appellant, Joljus Minz inflicted two or three injuries with the knife on the back of the deceased. Even then the deceased, after getting rid of himself, from their clutches, started running away, but the accused persons again caught hold of him and thereupon Joljus Minz again inflicted knife injury and when his wife Pushpa Minz, the informant (P.W.-5) came to rescue him, she was also assaulted by the appellants Chonhas Minz and Bishram Minz, but she any how fled from there. In the meantime, her husband also started running away but he fell down in the field of Birbal Baraik, where all the appellants started assaulting him indiscriminately and the appellant Chonhas Minz assaulted the deceased on his head with the piece of stone. Thereafter, appellants ran towards Pushpa Minz, for killing her, but she fled away and while she was coming to the Police Station to inform about the occurrence, she met with Silbanus Tigga (P.W.9), Officer-in-Charge of Bano Police Station and other police personnel and came to the place of occurrence and they caught hold of, all four accused persons, including these three appellants. Thereupon, Pushpa Minz, wife of the deceased gave her fardbeyan (Ext. 3) to said Silbanus Tigga upon which the case was instituted and the same was taken up for investigation, by P.W.-9, who made an inquest, on the dead body of the deceased and prepared an inquest report (Ext.-4). The I.O.(P.W.9) seized piece of stone (Ext.II) and earth smeared with blood,under Seizure list Ext.5, from the place of occurrence. Sleeper (Ext.III) of the deceased, was also seized, under Seizure list Ext.5/1. On the confessional statement, made by the accused, knife (Ext.I), was also seized from near a Papaya tree, under Seizure list Ext.5/2. Thereafter, dead body was sent for postmortem examination, which was done by Dr. C.N. Jha (P.W.1). on examination, following injuries were found on the person of the deceased. i. A lacerated wound 4"x1/2"x scalp deep situated on occipital area in central portion; ii. A lacerated wound 2"x1/2"x scalp deep situated on left side of occipital area; iii. A lacerated wound 3"x1/2"x scalp deep situated on partial area on left side; iv. An incised wound 1/2"x1/4"x1" deep situated on right side of neck; v. An incised wound 1"x1/6"x1" deep situated on back of neck; vi. An incised wound 1"x1/6"x1/4' situated on right side of back; vii. An incised wound 1/2"x1/6"x1/4" situated on left side of back;;