(1.) BY Court. - The appellants Bhinsent Oraon and Lodha Mahli were arrayed as A1 and A2 in S.T. No. 73 of 2003 on the file of the Sessions Judge. Simdega. They were charged under section 302/34 IPC and the allegation in the said charge is that at 9.00 p.m. on 12.4.2003, the appellants in furtherance of common intention of each other caused death of D1 Deonish Oraon, D2 Bhakra Oraon and D3 Damrudhar Singh in village Ghaghara, within Ghumatongri Police Station limits. The learned trial Judge, on the recorded evidences, finding the appellants guilty sentenced each of them to death. The appeal is against the conviction and sentence and the Reference is by the Sessions Judge for confirmation of the death sentence.
(2.) THE case of prosecution can be briefly summarized as follows:
(3.) PW 11, on taking up the investigation, reached the scene of the occurrence and prepared the inquest reports (Ext. 1/1, 1/2 and 1/3) after conducting inquest over the dead bodies of the three deceased D1 to D3. After inquest, the dead bodies were sent to the hospital for post mortem.