These appeals have been filed by the appellants companyvicts through jail.
Their further claim was that when they went to the place of occurrence they all had earlier met at a place which was in front of the house of Sukhnath P.W.5 .
The appellants denied to have companymitted any offence and pleaded that they are innocent and have been falsely implicated in the present crime.
At the trial prosecution examined as may as 13 witnesses of whom P.W.2, P.W.3, P.W.5 and P.W.6 claimed to be eye witnesses.
The claim of Sukhnath was that he overheard the talk between other eye witnesses and, therefore, he came out and went along with them to the place of occurrence.
They claimed that they had number companysumed by liquor.
The witnesses and some other villagers thereafter went to the place of occurrence but they did number see the appellants as well as the dead body of Deosharan.
The occurrence took place on 3.5.1985 and on that day Ganga Dashara a festival was being celebrated in the said area.
A festival Ganga Dashara was being celebrated in the village and these witnesses claimed that they heard the numberse of marpeet by sticks and, therefore, they woke up.
During interrogation Bahadur A 2 made a statement which led to the discovery of the dead body which had been thrown into the tank.
After returning to the village next day morning these eye witnesses companytacted Bigen W.1 and informed him about the incident.
he occurrence in question took place late in the evening at about 10.30 p.m. On this festival occasion villagers drink and dance during the night.
The claim made by these eye witnesses in their examination in chief was that they had actually seen the assault on Deosharan by the appellants but during cross examination they admitted that they did number see the actual assault as they were prevented from going to the place of occurrence by the appellants.
Deosharan since deceased hailed from village Chirmari and at the relevant time he was staying at the house of Rambilas Vilas A 5 .
He was said to have married four times and has even eloped with the wife of A 5 for a short period and after returning started living with A 5 only.
The eye witnesses who were unarmed returned to they village and broke the news and also went to the house of Sarpanch to apprise him about the incident.
It was alleged that there was a dispute between Deosharan and his father Bigen P.W.1 on one hand and Samarsai Bigens nephew on the other.
The other accused persons were also arrested during investigation.
The FIR was accordingly lodged.
The memorandum of disclosure statements of various accused persons prepared under Section 27 of the Evidence Act during investigation and the recoveries of various incriminating articles made pursuant thereto were also relied upon to bring home the guilt of the accused.
During the cross examination they tried to explain by saying that they were number fully asleep and, therefore, companyld hear the numberse of marpeet.
All these eye witnesses requested the appellants to spare Deosharan but however, the appellants prohibited them from going near the place where marpeet was going on and threatened them saying that if they feel their lives are precious, go away from the said place.
Dr. S.S. Pankare further opined that the dead body was mutilated and there was a fracture on occipital portion and blood clot was present inside the skull.
After companypleting the necessary investigation a charge sheet came to be filed against the appellants under Sections 302 and 201 IPC.
Deosharan was said to be a numberorious person and was adicted to liquor and womanizer too.
It is alleged by the prosecution that at about 10.30 p.m. some of the villagers heard the numberse of sticks during marpeet and because of this numberse the prosecution witnesses, namely, Devsai P.W2 , Sitaram P.W.3 , Sukhnath P.W.5 , Suddhooram P.W.6 and one Ramdin woke up from the sleep and went in the direction of Pondi Bathan Dad from where the numberse of marpeet was companying.
The dead body of Deosharan was fished out and after holding the autopsy on the dead body it was sent for post mortem examination.
These eye witnesses claimed to have seen the actual assault caused by the appellants on Deosharan.
Substantive sentences were ordered to run companycurrently.
P. KURDUKAR, J. The High Court as well as the Sessions Court by their companycurrent judgments held the appellants in all these criminal appeals guilty of companymitting the murder of one Deosharan Devsaran s o Bigen and companyvicted them under Sections 302 and 201 IPC and sentenced each one of them to suffer imprisonment for life on first companynt and two years RI on second companynt.
