JAGARNATH PAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants 1 to 5 were arrayed as AI to A5 before the 2nd Addl. Sessions Judge, Dumka. They were tried under Secs. 147, 148 and 302 read with 149 I.P.C. They were also charged under Sec.324 I.P.C. for causing injury to P.Ws.4 and 9 and further they were charged under Sec.323 I.P.C. for causing simple injury to P.Ws.5 and 9. The learned trial Judge, while finding the appellants guilty as charged, sentenced each one of them to imprisonment for life under Sec.302 read, with 149 I.P.C. On being found guilty under Section 324 I.P.C., Al, A2 and A5 were sentenced one year imprisonment and the third accused was found guilty under Sec.323 I.P.C. for which he was sentenced to six months imprisonment. The accused - appellants were also found guilty under Sections 147 and 148 I.P.C. for which each one of them was sentenced to one year imprisonment under each charge. The present appeal is against the said conviction and sentence.

(2.) THE accused 1 and 3 are the brothers. A2 and A4 are their cousins. A5 is the nephew of Al and A3. P.W. 5, Nandlal Pujahar as well as P.W.I, Kalipada Pujahar are the brothers of the deceased, Shrikhat Pujahar. P.W.9, Lalmohan Pujahar is the brother -in -law of the deceased. On 14.01.1986 at about 3 P.M., P.W.5, Nandlal Pujahar was proceeding to his house in his village Bliaga. At that time, Sitaram Pal, the 3rd accused who was standing there with a lathi in his hand confronted P.W.5 and an altercation ensued between them. The 3rd accused, Sitaram Pal wanted P.W.5 to engage him as daily labourer to which P.W. 5 refused. Therefore, Sitaram Pal(A3) fisted and slapped P.W.5. On seeing this Shrikhat Pujahar, the deceased, who is the elder brother of P.W.3, Rainpada Mohali reached there. At that moment, A1,A2,A4 and A5 also went there armed with iron rod, knife and lathi. On seeing them Shrikhat Pujahar tried to run away but he was chased and surrounded. All the accused persons indiscriminately beat the deceased, Shrikhat Pujahar with the weapons in his hand and he was also attached with sharp edged weapon and assaulted him till his death. When P.Ws.4 and 5 intervened they also suffered injury at the hands of the accused and after the incident all the accused ran away from the place. P.W.5 leaving the scene of occurrence went to Nala P.S. and gave fardbeyan, Ext.4 at 8.15 P.M. on the same day. The crime was registered and investigation was taken up by P.W. 13.

(3.) ON receipt of requisition and the dead body, Dr. S.K. Jha, P.W. 10 conducted autopsy on the dead body of Shrikhat Pujahar and he found a diffused swelling measuring 4"x4" covering the entire right eye ball and right lateral portion of the forehead. The doctor noticed swelling on the surface. On internal examination the doctor found swelling near the skull. He noticed big haeotoma covering entire area of fractured bone and right temporal region. The membrance was seen conjested. The doctor issued Ext.3, the post mortem certificate with his opinion that the death is on account of the injuries found on the dead body which could have been caused by blunt substance.