The main legal point established is the necessity for a dying declaration to be voluntary, coherent, consistent, and free from suspicious circumstances. The court emphasized the need for corroboration when the dying declaration is doubtful.

JUDGMENT :

Shree Chandrashekhar, J.

In Sessions Trial Case No. 303 of 2010, the appellants, namely, Sudama Mahto, Santoshi Devi, Budhan Mahto, Puran Mahto and Yogendra Mahto who were put on trial on the charge under sections 147, 148, 302 read with section 149 of the Indian Penal Code have been convicted and sentenced to RI for two years under section 147 of the Indian Penal Code, RI for three years under section 148 of the Indian Penal Code and RI for life with a fine of Rs. 10,000/- each under section 302 of the Indian Penal Code. In default of payment of the fine amount of Rs. 10,000/- each they are liable to undergo further SI for six months.

2. The case of the prosecution is that Bhola Mahto had a land dispute with the accused who in the afternoon of 20.01.2010 assaulted him and caused grievous injuries. He was admitted in the clinic of Dr. R.C. Prasad where he gave his fardbeyan at about 08: 1 0 PM before Raj Kumar Singh, ASI of Barkagaon police station. Looking at the serious condition of Bhola Mahto, he was referred for better treatment to RIMS, Ranchi, however, he succumbed to the injuries within few hours. On the basis of his fardbeyan, Barkagaon PS Case No. 11 of 2010 was registered under sections 147, 148, 149, 341, 323, 324, 325, 307 and 379 of the Indian Penal Code, against Sudama Mahto, Santoshi Devi, Budhan Mahto, Puran Mahto, Yogendra Mahto. Later on, the offence under section 302 of the Indian Penal Code was added in the report vide order dated 25.01.2010. After the investigation a charge-sheet was submitted against the appellants while investigation against Khiru Mahto and Rajkeshar Mahto was pending. Vide order dated 20.04.2010, the learned Chief Judicial Magistrate, Hazaribagh took cognizance of the offence under sections 147, 148, 149 and 302 of the Indian Penal Code and as noticed above the appellants have faced the trial on the charge of causing death of Bhola Mahto in furtherance of common object of the unlawful assembly - a common charge under sections 147, 148 and 302/149 of the Indian Penal Code was framed vide order dated 31.08.2010. In Course of the investigation, brother, nephew, son and wife of Bhola Mahto were examined by the Investigating Officer and they spoke about involvement of the accused in causing death of Bhola Mahto. The inquest was conducted at RIMS, Ranchi around 10:30 AM on 21.01.2010 by one Tulsi, ASI of Bariatu police station, and the dead body of Bhola Mahto was received for postmortem at 11 :00 AM.

3. The postmortem was conducted by Dr. Tulsi Mahto and Dr. Sawan Mundri who did not come to the witness box and their report was sought to be proved through Dr. Ajit Kumar Choudhary who has proved their signatures on the postmortem report.

4. The postmortem report mentions the following injuries on the dead body of Bhola Mahto:

"1. Abrasion:

a. 1 x 1/2, 1/2 x 1/2, 1/2 x 1/2on the right scapular region.

b. 4 x 1/2 cm part of right thigh upper part.

c. 3 x 1, 5 x 2, 2 x 1 cm right thigh upper part.

d. 3 x 2 cm right leg upper part.

e. 1 x 1/2 cm front of right leg upper part.

g. 6 x 1/4, 3 x 1/4 cm left thigh lateral side upper part.

h. 5 x 1/4, 4 x1/4, 1 x 1/2 cm left thigh lateral side middle part.

2. Lacerated stitch wound:

(a) 1 x 1/2 cm soft tissue and two stitches front of left knee upper part.

(b) 2 x 1/2 cm soft tissue two stitches left knee medial side.

(c) 3 x 1/2 cm bone deep three stitches left leg medial side lower part, fracture of left tibia and fibula bone lower part.

(d) 2 x 1/2 cm soft tissue two stitches right knee medial side.

(e) 3 x 1/2 cm bone deep three stitches right leg medial side lower part with fracture of right tibia and fibula bone.

3. Internal:

There was fracture of left tibia and fibula bone upper part. "

5. In the trial, the prosecution has examined eleven witnesses out of whom PWI-Dugar Mahto, PW2-Khaleshwar Mahto, PW6-Suresh Prasad, PW8-Bajrangi Kumar, PW 10- Vijay Mahto and PW 11-Most. Basmati have claimed that Bhola Mahto made oral dying declaration before them. The l