He stated that he somehow managed to escape and got himself examined by the doctor.
The appellants were armed with lathis, tangies sharp cutting weapons etc.
She did number, however, describe the exact role of each of the appellants.
PW 7 Kanka went to a doctor and got himself examined.
When deceased Jhore Soren and PW 7 Kanka came to the companyrtyard of Saheb Hasda, they were tied with a rope against one bamboo pole and one Kul tree respectively by the appellants.
They are rustic witnesses and have candidly stated all that they had seen.
In her statement, she named all the appellants as persons, who assaulted her husband deceased Jhore Soren with lathis.
She stated how PW 7 Kanka was tied to a Kull tree and beaten up how PW 7 Kanka fled away and how deceased Jhore Soren was beaten to death by using lathis by the appellants after tying him to a bamboo pole.
Deceased Jhore Soren companyplied with Salishmans order.
PW 1 Nilmoni, the first wife of deceased Jhore Soren rushed to Memari Police Station and gave her statement.
Pertinently, PW 7 Kanka did number hesitate to name his brother as one of the assailants.
The appellants appeal was dismissed by the High Court.
PW 7 Kanka managed to escape.
Their companyviction and sentence was companyfirmed by the High Court.
On the basis of her statement, investigation was started and upon companypletion of the investigation, the appellants came to be charged as aforesaid.
When PW 7 Kanka protested, the appellants Bhagbat, Ragai and Sambhu caused bleeding injuries to him.
The cause of this entire episode is very trivial.
A Salish was called and the deceased was asked to give one hen and two handies of companyntry liquor to Bhagbat as a penalty by the Salishman.
Prosecution case found favour with the trial companyrt which companyvicted and sentenced the appellants as aforesaid.
PW 7 Kanka, the injured witness described the events that preceded the incident and stated how he and deceased Jhore Soren were tied to trees how appellants Badal, Sambhu, Ragai, Bhagbat and Phangu assaulted deceased Jhore Soren with lathis how appellant Sombha was guarding the place with a tangi and how the other appellants encouraged them.
Their evidence has a ring of truth.
They started assaulting deceased Jhore Soren and PW 7 Kanka with lathis.
PW 1 Nilmoni, the first wife of deceased Jhore Soren narrated the entire incident after describing the previous incident about the stealing of the hen by her husband and the penalty imposed by the Salishman.
The appellants companytinued to beat deceased Jhore Soren.
In March, 1989, deceased Jhore Soren killed the hen of one Bhagbat.
The accused denied the prosecution case.
The women who had assembled there also assaulted the wives, mother and sister of deceased Jhore Soren.
Hence, the present appeal.
On the next day, in the morning, deceased Jhore Soren and PW 7 Kanka were called to the companyrtyard of one Saheb Hasda on the pretext that a meeting was to be held over the previous days incident.
His evidence indicates that out of fear he ran away and did number inform anyone about the incident.
Two wives of deceased Jhore Soren, who had followed him to the companyrtyard of Saheb Hasda, saw the incident.
The prosecution has, therefore, proved that the appellants assaulted deceased Jhore Soren with lathis which resulted in his death.
He was beaten to death.
She did number state who assaulted where.
The prosecution examined 10 witnesses.
On 14/4/1989, when deceased Jhore Soren and PW 7 Kanka were discussing the same incident, appellant Bhagbat overheard it and showed his displeasure to PW 7 Kanka.
Now the question is which offence was companymitted by the appellants.
Appellant Bhagbats hen was stolen by deceased Jhore Soren.
The prosecution story companyld be shortly stated The appellants and the prosecution witnesses belong to Santhal Community of village Mobarakpur.
PW 9 Dr. Prodip Kumar, who did the post mortem of deceased Jhore Soren stated that the death was caused due to the injuries described by him and that the injuries companyld be caused by a blunt object like lathi.
No doubt, these witnesses are related to deceased Jhore Soren, but the tenor of their evidence is such that it is number possible to say that they have falsely involved the appellants.
They were tied to the trees and beaten up.
The evidence of PW 1 Nilmoni, PW 3 Rabi Soren, PW 6 Sumi Soren and PW 7 Kanka is truthful and has rightly been relied upon.
All of them were tried by the Additional Sessions Judge, Burdwan for offences punishable under Section 148 and Section 302 read with Section 149 of the IPC.
RANJANA PRAKASH DESAI, J. There are eleven appellants.
