MILON MUNDA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In this criminal appeal, five appellants herein, who have been consigned to life imprisonment for murder of one Chaya Munda, have called in question correctness of the judgment dated 7.8.2000 passed by learned Sessions Judge, South Tripura, Udaipur in Sessions Trial No. 87(ST/S)99, whereby all the five appellants have been convicted under Section 302/201 read with 34 of the Indian Penal Code (for short 'IPC'.

(2.) We have heard Mr. D. Guha, learned counsel for the appellants and Mr. D. Sarkar, learned Public Prosecutor.

(3.) The prosecution version in brief shows that on 23.5.1999 the deceased Chaya Munda, resident of Jirania came to visit his brother Mangal Munda (No. 3) in Ludhua Tea Estate. After dinner in the house of his brother, Chaya Munda went to the house of Sarkar Munda (P.W. 5) his uncle, to sleep there as in the house of his brother there was shortage of accommodation. At about 12.00 p.m. when he was sleeping in his uncle's house, the appellant Mangal Munda (No. 1) came to the house of Sarkar Munda, woke him up and wanted to know where Chaya Munda was sleeping. At that time, Mangal Munda (No. 2) was present with Mangal Munda (No. 1). Then Mangal Munda (No. 1) and Mangal Munda (No. 2) entered into the hut of Sarkar Munda, went near the bed of Chaya Munda, woke him up and took him away from the house of Sarkar Munda. The deceased did not return that night. In the following morning Sarkar Munda informed Mangal Munda (No. 3), the brother of the deceased that his brother had left the house on the same night. Some time after Tapan Das (P.W. 2), the neighbour, informed brother of the deceased, Mangal Munda (No. 3) that Milon Munda, one of the appellants herein, disclosed to him that he along with others had committed one murder of a person and buried him because he was a bully created trouble for them in their village. Then the labourers of the garden caught hold of said Milon Munda. In presence of all, he confessed that he along with four others had murdered Chaya Munda. After that, Mangal Munda (No. 3) lodged the First Information Report (Ext. P/l) with Sabroom Police Station on 24.5.1999. During investigation, Sarkar Munda (P.W. 5) gave a statement (Ext.P/ 8) recorded by Sub-Divisional Judicial Magistrate. In that statement he disclosed the names of Mangal Munda (No. 1) and Mangal Munda (No. 2), who had taken away the deceased from his house on the night of 23.5.1999. The extra judicial confession made by the appellants herein to Tapan Das (P.W. 2), Subhash Das (P.W.3) were recorded by the Investigating Police Officer under Section 161 Cr.P.C., but both the P.Ws when examined before the court denied to have made such type of statement. However, police arrested Milon Munda, Mangal Munda (No. 2) and Bishu Munda on 24.5.1999 from the 'hawa ghar' of the tea estate and at about 10.00 p.m. they led the Executive Magistrate (P.W. 9) and the Police Officer (P.W. 10) along with others to the place where deadbody of the deceased was buried. It was a place near the house of Kali Kumar Tripura (P.W. 8). The deadbody was disinterred and post mortemed, showing death of the deceased due to injury on head and other parts of the body. On 26.5.1999 other two appellants, Mangal Munda (No. 1) and Ram Charan Munda were arrested. They had given the weapons of murder to the police officer from the dwelling hut of Milon Munda, which were seized. They confessed that they were also with other three appellants participating in the act of murdering Chaya Munda. Though the deadbody was already recovered as shown by other three appellants, both Mangal Munda (No. 1) and Ram Charan Munda also had shown the place where the deceased was buried. On the basis of the circumstantial evidence narrated above, the investigation was closed with a chargesheet against all the five appellants under Section 302/201 and 34 IPC.