MEETAN MIAN Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Cr. Appeal No. 521 of 1990 is by the accused 2 to 14 and Cr. Appeal No. 32 of 1991 is by the first accused in S.T. No. 258 of 1982/2 of 1985 on the file of 1st Additional Sessions Judge, Deoghar. In the judgment, the appellants in Cr. Appeal No. 521 of 1990 and the appellants in Cr. Appeal No. 32 of 1991 will be referred as AI to A14 in the same order as they were arrayed before the Sessions Judge for the sake of convenience. The above two appeals are being disposed of by the following common judgment as they are against the single Sessions case.

(2.) Laggu Mian, P.W. 2 and Tajuddin Mian, P.W. 3 are the sons of the deceased Rojan Mian. P.W. 1, Bakar Ali Mian is the nephew of the deceased. The deceased, Rojan Mian as well as P.Ws. 1 to 3 and P.W. 9, Yusuf Mian @ Chhoti Mian were residing at Mauza Jhumarbad within the Police limit of Jasidih. On 30.10.80 at about 8 A.M. P.W.I left his house to answer the calls of nature. A 2 Meetan Mian called the deceased, Rojan Mian and the deceased went alongwith him. They were also accompanied by P.W. 9, Yusuf Mian @ Chhoti Mian. When P.W. 1 followed them, near the river side he found the accused standing in a group armed with iron rods and lathis. Thereafter the deceased was beaten indiscriminately by all the accused. When Ajij Mian and P.W. 9 intervened they also suffered an injury. P.W.9, Yusuf Mian @ Chhoti Mian went to Jasidih hospital at 8 P.M. and appeared before P.W.8, the medical officer. P.W. 8 examined P.W.9, Yusuf Mian @ Chhoti Mian and found on his person a lacerated injury measuring 1" x 1/3" on the left side of the face in front of left ear. The doctor issued Ext. 4, the injury report. On receipt of O.D. slip from Jasidih hospital, P.W. 11, S.I. attached to Jasidih P.S. reached the Government hospital at Jasidih and finding P.W. 9, Yusuf Mian @ Chhoti Mian questioned him as to how he suffered injuries. P.W. 9 gave Ext. 5, the statement stating that Rojan Mian was attacked by fifteen persons with iron rods and lathis by mentioning all the names of fifteen persons. He has also stated that he suffered injury found on his person during the course of the said transaction. P.W. 11 returned to the P.S. with the fardbeyan, Ext. 5 given by P.W. 9 and registered a case. He took up investigation, proceeded to the scene of occurrence where he found the dead body in a Jungle by the side of which a Chowkidar was standing. He prepared Ext. 7, the sketch and prepared Ext. 8, the seizure list. The inquest was conducted in the presence of panchayat and inquest report is Ext. 9. After the inquest he sent the dead body to the hospital with a requisition, Ext. 10.

(3.) On receipt of the requisition, P. W. 7 Dr. A.K. Cbatterjee, attached to Jasidih hospital conducted autopsy on the dead body of Rojan Mian. He found the following injuries:-