SOWAM KISKU Vs. STATE OF BIHAR NAW JHARKHAND

JUDGEMENT

(1.) The appellants, ten in number, were arrayed as accused before the trial Judge with the allegation that at about 6.30 p.m. on 18-8-1983 they caused the death of Dugu Ram Das Kisku by beating him with Lathi, Bhala, Farsa and Tangi. The learned trial Judge, finding" the appellants guilty under Section 302 Indian Penal Code (shortly 1PC), sentenced each of them with the aid of Section 149, IPC to undergo imprisonment for life. The present appeal is against the said conviction and sentence.

(2.) The facts of the case are: At about 6.30 p.m. on 18-8-1983, the deceased Dugu Ram Das Kisku was returning from his village Hatia accompanied by his brother PW. 1 Betka Kisku. When he was reaching the house of Bihar Kisku (appellant No. 7), all the appellant surrounded him and PW. 1 and attacked him with the weapons which they had in their hands. PW. 1 managed to escape but Dugu Ram Das Kisku suffered injury and died at the spot. Thereafter, the information of the incident (Ext. 1) was given by PW. 1 to Godda (Mussafil) Police Station at about 9.00 a.m. on 19-8-1983 on the basis of which FIR (Ext. 2) was registered. Investigation of the crime was taken up by the PW.9, the Police Officer.

(3.) PW. 9 visited the scene of occurrence and prepared the seizure-lists of the articles scattered at the place of occurrence and the bloodstained sand found at the spot (Exts. 4 and 4/1) respectively. He conducted inquest and prepared inquest report (Ext. 3). The witnesses were examined at the time at the time of inquest. After inquest, the body was dispatched to the hospital with a request to the doctor to conduct autopsy.