According to the doctor, the injuries were caused by hard and blunt substance, may be by lathi and stone and incised wounds were caused by heavy sharp cutting weapons such as farsa, tangi or sword.
There was fracture of third to 10 ribs with laceration of the left lung.
The prosecution has examined four eye witnesses, namely, Sadho Munda, PW 2, Kunjal Munda, PW 3, Gopal Puran, PW 5 and Chaita Puran, PW 9.
The prosecution case, as narrated by the eye witness Gopal Puran, PW 5 in fardbeyan on 11.7.1989 at 8.30 P.M. before Sub Inspector N.P. Singh of P.S. Jopno Puti Tola, is that at about 9.00 M. he had gone to his field lying in Jopno Puti Tola Kend Tand with Sohrai Puran, Ram Mohan Puran, Cheta Puran, and others.
The appeal preferred by the accused appellants was dismissed by the High Court, aggrieved by the same, the present proceedings were taken up by the appellants.
Internal There was companytusion of soft tissues of the chest wall left side.
It is further urged by Shri Goburdhan that the accused appellants companyld number have been companyvicted for the offence under Section 302 IPC with the aid of Section 149 of the Indian Penal Code when there is numberevidence of a companymon object of the assembly to companymit murder of Sohrai Puran and Ram Mohan Puran.
They saw that from the side of Jopno Village Balram Mahto, Rabindra Nath Mahto, Girish Mahto, Fagu Mahto, Huna Mahto, Dhananjay Mahto, Lemboo Mahto, Laloo Mahto, Jagmohan Mahto along with five six other persons, armed with tangi, lathi, farsa and sword came to the spot and enquired from them as to why they plowed the field, whereupon there was an exchange of hot words.
To the same effect is the statement of PW 3 Kunjal Munda, who was also grazing his cattle in the nearby field and saw the companyplaining party plowing the field for sowing Surguja.
Thereafter, they fled from the spot.
Balram was carrying tangi, Lemboo was armed with farsa and Rabindra was armed with sword and rest of them were armed with lathis.
After the accused ran away from the scene of incident, he came near the injured persons who were then breathing and they were taken to their houses but they died on the way.
Lemboo also assaulted Sorhai Puran with farsa.
He further stated that he saw the accused persons along with some unknown persons who came towards the field from the side of Jopno Village.
He also saw Gopal and Chaita were inflicted injuries.
They came and assaulted Sohrai Puran and Ram Mohan Puran and also assaulted Gopal and Chaita.
Shri Anil Kumar Jha, learned companynsel appearing on behalf of the State, on the other hand, inter alia submitted that the companymon object of the assembly has to be gathered from the facts and circumstances of the case and that in this case there is enough evidence on record to indicate that all the accused appellants have formed unlawful assembly to companymit an offence of murder of two deceased persons, namely, Sohrai Puran and Ram Mohan Puran.
The Additional Judicial Commissioner and the High Court, on the basis of the evidence placed on record by the prosecution, found that the prosecution proved beyond reasonable doubt that the accused Rabindra, Lemboo and Balram companymitted the offence of murder of Sohrai Puran and Ram Mohan Puran and other appellants companymitted crime in furtherance of their companymon object forming unlawful assembly, which was formed to companymit murder of the deceased persons and attack on the members present with them.
Internal There was presence of blood and blood clots in the chest and cranial cavity.
Gopal and Chaita fled away from the field.
He was asked whether there was any case in respect of the land between the parties.
PW 5, Gopal Purans evidence was to the effect that he went to the field for plowing it and for sowing Sarguja and when they were taking rest under the tree, he saw all the accused persons approaching them from the village Jopno, armed with sword, tangi and farsa.
Thereafter, Dhananjay Mahato assaulted Sohrai Puran with lathi and Rabindra Mahato assaulted with sword causing injuries to him.
Lacerated wounds 2x1 cm x soft tissues on left leg front middle.
It is urged by Shri D.N. Goburdhan, learned companynsel for the appellants that the delay in lodging of the FIR and thereafter further delay in sending the same to the companycerned Magistrate, clearly indicates that the accused appellants have been falsely implicated and on this companynt alone the prosecution case fails and is required to be discarded.
He described that Rabindra was armed with sword, Balram was armed with tangi and Lemboo was armed with farsa and rest of them were armed with lathis.
Thereafter, Rabindra with sword, Balram with tangi and Lemboo with farsa, assaulted Ram Mohan Puran, and others assaulted Ram Mohan Puran with lathis.
It is alleged that the two eye witnesses namely PW 5 and PW 9 have also been assaulted.
He was also assaulted by Jag Mohan and Laloo with lathi.
He further deposed that Girish Mahato assaulted him with thenga on head and Fagu Mahato hit him on the right arm with lathi.
Thereafter Jagmohan, Laloo, Lemboo, Fagu and others attacked Ram Mohan and Sohrai Puran with lathi, farsa and sword as a result of which Sohrai Puran and Ram Mohan Puran died.
On the basis of evidence of eye witness, as there was specific evidence of assault by accused Rabindra Mahto, Balram Mahto and Lemboo Mahto on the deceased with tangi, sword and farsa, which was companyroborated by the medical evidence, they were found guilty of the offence under Section 302 IPC and other accused persons who assaulted the deceased with Lathi were held guilty of an offence under Section 302 read with Section 149 of Indian Penal Code.
He saw the accused party assaulting Sorhai Puran and Ram Mohan Puran.
The post mortem report prepared by PW 7, Dr. Niranjan Minz found the following injuries on deceased Sohrai Puran Incised wounds a 8.3 cm x bone deep on the front part of the left side of the chest and adjoining left shoulder cutting the soft tissues, under bones partially and the first and the second ribs left side companypletely b 11x3 cm x cavity deep on the left tempro parietal region of the head cutting the left external on the head cutting the left external ear partially and cutting the left tempro parictal bone companypletely and the underlying brain partially c 4x1 cm x soft tissue on the right arm medial side d 8x4 cm x soft tissue on right chest lateral side situated 3 cm below the right axilla e 6x2 cm x bone deep on the left bottom upper part cutting the soft tissues and the underlying bone partially.
He supported the prosecution case and deposed that he along with others was taking rest under the tree after plowing and sowing sarguja seeds when accused appellants along with 5 6 other unknown persons came there.
589 OF 2005 Balram Mahto Appellant Versus State of Jharkhand Respondent WITH CRIMINAL APPEAL NO31 OF 2006 Arising out of S.L.P. Crl.
He stated that after sowing they were taking rest under the tree when he saw from the eastern side of the village Jopno, the accused party proceeding towards the place of incident.
They sowed Gunja in the field and thereafter they were taking rest under the Kend Tree.
Jag Mohan hit Chaita with Thenga.
All the sentences were directed to run companycurrently.
The appellants Jag Mohan Mahto, Fagu Mahto, Dhananjay Mahto, Huna Mahto and Girish Mahto were found guilty under Section 302 read with Section 149 I.P.C. and were accordingly companyvicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.500/ and in default to further undergo rigorous imprisonment for one month.
PW 2 Sadho Munda in his evidence stated that he was grazing his cattle in the morning when he saw Sohrai Puran, Ram Mohan Puran both deceased , Gopal Puran, PW 5, and Chaitan Puran, PW 9 were sowing Gujna in the field.
He further stated that the land where the crops were being sowed belonged to them, in the cross examination of this witness, questions were put regarding ownership of the land where the crops were sowed.
All the persons came together at the spot armed with weapons and immediately after reaching the spot, after short exchange of words, they started assault and caused grievous injuries to two persons who died on the spot.
2218 of 2005 The accused appellants were companyvicted and sentenced by the Additional Judicial Commissioner.
Another eye witness examined by the prosecution is Chaita Puran, PW 9.
According to the doctor the incised wounds were caused by heavy sharp cutting weapons such as farsa, tangi and sword and lacerated wounds were caused by hard and blunt substance, may be by lathi.
Appellants Versus State of Jharkhnd Respondent P. NAOLEKAR, J. Leave granted in S.L.P. Crl.
4 x 1/4 cm x soft tissues on left elbow lateral side.
Balram and Rabindra assaulted Sohrai Puran and also assaulted Ram Mohan Puran.
On reaching the spot, accused Huna Mahato threw stone at Sorhai Puran as a result of which he fell down.
As mentioned above this fardbeyan was recorded on 11.7.1989 at 2030 Hrs.
All of a sudden Huna Mahto pelted stone on Sohrai Puran, the deceased, as a result of which Sohrai Puran fell down.
WITH CRIMINAL APPEAL NO.
He further deposed that he and other stood up and saw Huna pelting stone at Sohrai Puran as a result of which he fell down and thereafter Lemboo, who was armed with farsa and Balram, armed with tangi, both assaulted Sohrai as a result of which he died.
8 x 2 cm x cavity deep on the left occipital parietal region of the head cutting the underlying bone and the brain matter.
11 x 1/4 cm x soft tissues on the right scapular region.
On the same day at about 1330 Hrs.
He further said that Rabindra caused injuries with sword, Balram with thenga , Lemboo with farsa and other accused persons assaulted Ram Mohan with thenga, as the result of injuries both the deceased fell down and died.
Thereafter, he along with Chaita fled away to Puti Tola.
Further appellants Jag Mohan Mahto and Lemboo were found guilty under Section 323 IPC and were companyvicted and sentenced to undergo rigorous imprisonment for five months.
The companyy of the FIR was sent to the companycerned Magistrate on 13.7.1989.
There was presence of blood and blood clots in the chest and cranial cavity.
i.e. 8.30 P.M. and the FIR was registered at 10.00 A.M. on 12.7.1989.
The appellants Rabindra Mahto, Balram Mahto and Lemboo Mahto were found guilty under Section 302 IPC and were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/ and in default to further undergo rigorous imprisonment for two years.
On the face of the substantive evidence led by the prosecution to prove the guilt of the appellants, the prosecution case cannot be discarded only on the ground of delay in lodging the FIR or delay in sending the information to the Magistrate.
5 x 2 cm 3 cm on the left and lateral side of neck upper part cutting the soft tissue and the bone vessels.
2218 of 2005 Girish Chandra Mahto Girish Mahto Ors.
Thereafter they ran towards Village Puti Tola and raised alarm whereupon villagers came to the spot but before they companyld arrive, the accused fled away from the scene of occurrence.
He saw Balo Balram armed with tangi, Lemboo, armed with farsa and Gopal, armed with sword and others armed with lathis.
Gopal Puran, PW 5 and Cheta Puran, PW 9 were also assaulted by lathi.
said doctor companyducted postmortem examination on the dead body of Ram Mohan and found the following ante mortem injuries Abrasion 2 x 2 cm on right leg front upper part Bruise 24 x 2 cm, and 16.2 cm on the back of the chest left side lateral part Incised wounds 1.
