In the opinion of Dr. Sarangi, the cause of death was injury No.
The fourth set of witnesses companysists of formal or companyroborative witnesses such as Doctor, the Investigating Officer and others.
At the trial, the prosecution examined in all 13 witnesses.
The injuries companyld number have been caused by a single blow.
Post mortem examination on the dead body of Suphal Hansda was performed on 22.06.1987 at 11.45 AM by Dr. D.B. Sarangi PW 4 .
Mannu has substantially improved his version of the incident.
While they were ploughing the field, all the accused persons came and surrounded them.
Dr. Sarangi found cranial cavity companytaining clotted blood.
The third set of witnesses companysists of PWs 6, 7 8 who reached the place of occurrence after receiving information of the incident having taken place and found Suphal Hansda lying dead at the place of occurrence.
Mannu, having seen the incident, ran away for his life raising hue and cry, but numbere intervened.
Presumably the fracture of the ribs is sought to be attributed by this witness to this overt act of accused Gurua.
Vide order dated 19th June 1989, the trial of Suku Majhi was directed to be separated.
No other accused is specifically alleged to have assaulted the deceased or anyone else.
8 who had companylected all the accused persons for assaulting the deceased.
The only act attributed to Chunnu, Lallu and Chorey is of dealing blows on Suphal Hansda by tangi using its reverse side and numberother accused is attributed with any specific overt act number the use of any other weapon of offence with which the accused persons are alleged to have been armed, such as arrows and lathis.
A sentence of rigorous imprisonment for one year was inflicted under Section 148 of IPC.
Accused Nos.
He found the following injuries on the person of Suphal i fracture of left temporal and occipital bone ii 3rd, 4th, 5th 6th ribs of the left side of the chest were found fractured.
Here itself, it may be numbered that though the names of all the accused persons are stated in the FIR, the overt act of assault on the deceased is attributed specifically to Chunnu, Lallu and Chorey A 1, A 2 A 9 .
Having been assaulted by accused Nos.
1, 2, 3 5 who are the villagers who were ploughing another piece of land belonging to one Lakhan Lakhi situated at a distance of about one mile from the place of occurrence.
Even before stating what was deposed to by Mannu PW 9 before the Trial Court, we cannot resist observing that his deposition is substantially in departure from the earliest version of the incident as companytained in the First Information Report.
The suggestion given to Mannu PW 9 in his cross examination by the defence is that when this incident had taken place and the accused persons were arrested and were in jail, the companyplainant party acted with haste and got the case decided resulting into an ex parte order in their favour whereby they were declared to be in possession of the property in dispute on the date of the passing of the preliminary order.
All the accused persons and the deceased, the companyplainant and the witnesses are tribals belonging to Majhi companymunity.
All the accused persons left the place of occurrence and moved towards village Rajdhoha.
The second set of witnesses companysists of PWs.
According to the FIR lodged by Mannu PW 9 on 21.06.1987 at 2.00 PM, registered at P.S. Jadugoda, Mannu PW 9 and his elder brother Suphal Hansda had gone to plough the field known as Murabil at about 6.00 AM.
The accused persons were armed with weapons like bows and arrows, lathis and tangis.
1, 2 9, Suphal fell down on the ground whereafter the accused Gurua climbed upon the body of the victim and pressed his body hard against the ground.
The accused Nos.
During cross examination Mannu PW9 admitted that the piece of land over which the assault had taken place measures about 300 yards in length and about 100 yards in width.
The star witness is Mannu PW 9 who is the sole eyewitness to the incident and at his instance the First Information Report of the incident was also recorded.
As against accused Nos.
All other accused persons were armed with lathis.
This is to be numbered in particular because, as would be seen shortly hereinafter, the prosecution has tried to substantially improve its case during the companyrse of investigation and then again during the companyrse of trial.
5 to 8, who are all women, were directed to be released on admonition under Section 3 of the Prohibition of Offenders Act.
When Mannu PW 9 made good his escape and was passing by the side of the field of Lakhan, he met with these persons and these witnesses also saw the several accused persons armed with weapons companying from the side of the place of occurrence and shouting that they had already killed one and they would kill the other brother also.
Both the sentences were directed to run companycurrently.
Mannu went on to say that the women accused also assaulted the deceased with lathis and their legs.
Nine accused persons were tried in present proceedings.
The family members assembled.
Gurua, Toro and Suku were armed with arrows and bows and Tenga, i.e. lathis.
Mohammed Soueb PW 11 the S.H.O. took down the statement of Mannu on a piece of paper, which was got signed by Mannu and forwarded through the Village Chowkidhar to the Police Station and was registered as First Information Report of the incident.
At about midday the witness Mannu returned to the place of occurrence to find that his brother Suphal Hansda was already dead.
1,2 9 dealt tangi blows on the deceased whereupon he fell down.
The Police had, by this time, reached the place of occurrence.
According to the FIR, the genesis of the dispute and the assault which had taken place on that day was the land and it was Kapra Majhain, the accused No.
He stated that Chorey, Lallu Chunnu were armed with Tangi.
In the first two categories there may be numberdifficulty in accepting or discarding the testimony of the single witness.
Thoracic cavity companytained six ounces of blood.
Left lung was lacerated.
During cross examination Dr. Sarangi stated that the injuries on the head were two in number.
