The main legal point established in the judgment is the application of Section 34 of the Indian Penal Code and Exception 4 to Section 300, which determine liability for criminal acts done in furtherance of common intention and cover culpable homicide not amounting to murder, respectively.

JUDGMENT :

Shree Chandrashekhar, J.

Mahadeo Singh Munda and Chaitan Singh Munda who are the appellants in Criminal Appeal (DB) No.512 of 2013 along with Lakhindra Singh Munda, Shambhu Nath Singh Munda and Arjun Singh Munda who are the appellants in Criminal Appeal (DB) No.386 of 2013 are convicted and sentenced under section 302/34 of the Indian Penal Code. In Sessions Trial No.113 of 2007 with Sessions Trial No.491 of 2007, the appellants are sentenced to RI for life and a fine of Rs. 20,000/-each under section 302/34 of the Indian Penal Code with a default stipulation to undergo further imprisonment for two years.

2. Mahadeo Singh Munda, Chaitan Singh Munda, Lakhindra Singh Munda, Shambhu Nath Singh Munda, Arjun Singh Munda and Nishikant Singh Munda were made accused in Tamar PS Case No.70 of 2006 which was registered on 28th July 2006 under section 302/34 of the Indian Penal Code. The fardbeyan of Ranjeet Singh Munda was recorded on 28th July 2006 at 10:15 AM by Rampravesh Kumar who was the officer-in-charge of Tamar PS. The informant who is the husband of Manjri Devi stated that after working in the field he returned home at 05:00 PM. Soon thereafter, he heard cries (cpkvsck&pkvks) of his wife and daughter and so rushed in that direction. There he saw that Mahadeo Singh Munda, Chaitan Singh Munda, Lakhindra Singh Munda, Shambhu Nath Singh Munda, Arjun Singh Munda and Nishikant Singh Munda had encircled his wife. They committed marpit with his wife who was trying to ward-off the assault and was crying. The informant further stated that he reached the place of occurrence with his brothers-in-law and tried to intervene but in the meantime Chaitan Singh Munda slapped and pushed his wife and Mahadeo Singh Munda started indiscriminate attack on her head with tangi. The other villagers who were working in the adjoining field when reached there the accused left his wife and fled away.

3. Nishikant Singh Munda could not be apprehended and the case of other five accused was committed to the Court of Sessions for trial. It appears that Sessions Trial No.113 of 2007 started against Shambhu Nath Singh Munda after a separate charge under section 302/34 of the Indian Penal Code was framed against him on 21st May 2007 and other four accused were put on trial in a separate sessions case vide Sessions Trial No.491 of 2007. Both the sessions cases were amalgamated vide order dated 4th August 2008 and the appellants were tried together.

4. Eight witnesses are examined by the prosecution to prove the charge under section 302/34 of the Indian Penal Code. Dr. Chandra Shekhar Prasad who conducted the postmortem examination rendered an opinion that the injuries caused to Manjri Devi were antemortem in nature, caused by hard and blunt substance and time elapsed since death was about 12 to 36 hrs. at the time of postmortem examination.

5. The learned Judicial Commissioner-I, Khunti held that the witnesses fully supported the prosecution case that Manjri Devi was murdered on 27th July 2006 at 05:00 PM near well of Bhagat Singh. The learned trial Judge further held that the manner of occurrence was not challenged by the defence as PW3, PW4, PW5 and PW6 were not cross-examined in this regard, besides PW1 was not cross-examined at all. As regards involvement of Shambhu Nath Singh Munda, Lakhindra Singh Munda and Arjun Singh Munda, the learned trial Judge held that they also actively participated in commission of the offence in furtherance of common intention as they all armed with tangi had surrounded Manjri Devi.

6. The learned trial Judge has held as under :

“17. It is not out of place to mention here that total six accused persons were chargesheeted out of which one Nishikant Singh who is declared absconder as such above named five accused persons facing trial in this case. It is submitted on behalf of the defence that there is no allegation of assault against accused Shambhu Nath Singh Munda, Lakhider Singh Munda and Arjun Singh Munda because the witnesses