3 and 4.
PW 2 went to the police station having numbericed that the deceased was dead on the same day and he gave a report at about 5.00 p.m. The A.S.I. recorded the FIR and registered the case.
The remaining five accused were thus companyvicted.
On her alarm Kirti Mahto, Bhagwan Mahto and Sarju Mahto came there armed with garasa in their hands, Dasrath Mahto and son in law of Bina Mahto of Barasatia Amarika Mahto came there armed with barchha.
When he reached near the Devi Mandap, accused Kaushalaya Devi raised alarm and called her father, brothers and husband and told them that the deceased was going from there and he should be killed.
The doctor opined that the shock and hemorrhage were caused particularly due to injuries Nos.
Two others Bina Mahto and Kaushalaya Devi were also tried with them but Bina Mahto died during the trial whereas Kaushalaya Devi was acquitted by the trial companyrt.
After companypletion of investigation charge sheet was filed in the companyrt.
On August 25, 1983 at about midday the deceased was going towards Devi Mandap for grazing his buffalo.
The prosecution mainly relied upon the evidence of PW 1, PW 2, PW 4 and PW 7, the eyewitnesses.
The accused when examined under Section 313 CrPC denied the offence and pleaded that the persons belonged to the group of PW 11 killed one Sukan Bhuian and persons of Sukan Bhuian in turn murdered the deceased.
She raised an alarm thereupon PW 2 who also witnessed the occurrence, along with PW 1 and PW 4 came to the place of occurrence.
The appeal filed by the five accused was dismissed by the High Court.
The doctor found five injuries on the dead body.
Bina Mahto died during the trial.
There is the evidence of PW 4 and PW 7 who spoke about the presence and participation of Amarika Mahto also.
Bina Mahto was armed with lathi.
Therefore, the submission regarding number participation of Amarika Mahto cannot be accepted.
The prosecution case is as follows The deceased and the material witnesses belong to the same village.
Kaushalaya Devi was also present with a lathi in her hand.
Hence the present appeal.
One incised wound 1 x 1/2 x 1/2 on the lateral side of the left arm one lacerated wound 1/2 x 6 skin deep on the front of the right shoulder one incised wound 4 x 2 1/2 bone deep in front of the right elbow and the lower part of the arm cutting skin, muscle , one incised wound in front of the lower part of the thigh, knee and upper part of the leg of the left side cutting skin, muscles neurovascular bundle and partially cutting the upper part of the tibia 13 x 3 x 2 and one lacerated wound 2 x 1/2 skin deep on the frontal region of the skull.
He also came there running and all of them started beating the deceased indiscriminately.
The doctor found five injuries and he opined that the death was due to shock and hemorrhage.
He came to the scene of occurrence, held the inquest and sent the dead body for postmortem.
