- (1.) ALL the nine appellants were charged under section 302/34 of the Indian Penal Code for committing murder of one Noonamani Dasi in furtherance of their common intention. The trial court having found all the appellants guilty for the said offence sentenced each of them to undergo imprisonment for life.
(2.) THE case of the prosecution is that on 9.10.1989 the informant Ram Dayal Mahra (P.W.8) along with others, namely, Narayan Mahra (P.W.4), Fagu Mahra, Mochan Mahra and Rajan Mahra were playing musical instruments at the community hall situated in the village Burhwatanr and when they saw all the appellants coming to community hall at about 5 P.M, they stopped playing their musical instruments as there has been animosity in between the parties. On reaching there the appellant Indradeo Mahra asked them to play music again but they did not do so. Upon it, Indradeo Mahra and also other appellants started assaulting him. On seeing this, Noonamani Dasi, mother of the informant came rushing over there and tried to save her son from being assaulted. But all the appellants started assaulting her and the appellant, Baldeo Mahra pulled her down to the ground by catching hold of her hair. Thereafter the appellant Indradeo Mahra sat over her chest and pressed it forcibly. At that point of time, covillager, Jitu Mahra (P.W.2) came and tried to save the mother of the informant from being assaulted, but said Jitu Mahra was also assaulted by the appellant, Rishikesh Mahra. The appellants in that course also assaulted Narayan Mahra (P.W.4) brother of the informant. When the appellants fled away, the informant and others brought Noonamani Dasi to Karon Hospital where they stayed for the whole night and then in the next morning, i.e, on10.10.1989 brought her to Madhupur Hospital where Doctor declared her dead. Thereafter they brought the dead body Karon Police Station where the informant at about 10 O'clock in the night gave his fardbeyan (Ext.3), upon which a case was instituted under section 302/34 of the Indian Penal Code and a formal First Information Report (Ext.4) was drawn. Immediately the matter was taken up for investigation by Prem chand Maliya (P.W.10) who held inquest on the dead body of the deceased and prepared Inquest Report (Ext.5) and sent the dead body for post mortem examination which was conducted by Dr. Narendra Mohan Sharma (P.W.9) on 11.10.1989 and found the following anti -mortem injuries on the person of the deceased. " 1.Fracture of right elbow supracondylor. 2.Swelling on right side of chest, in front of 3 - 1/2" x 3". 3. Lacerated wound of right ear 1 - 1/2 " x 1/2 ". 4. Swelling of left forearm in the wrist 2" x ¾ " and 5. Abrasion on left wrist ¾ "
(3.) ON opening the chest of the deceased, Dr. did find fracture of 2nd, 3rd , 4th and 5th ribs of the right side. Pleura and right lung was found injured at the site of fracture.;