BABUJAN TUDU Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment and order dated 31-3-1987 passed by 1st Addl. Sessions Judge, Deoghar in S.T. No. 249/40 of 1982/84 whereby the appellants have been convicted for the offence under Section 302/34 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. They have further been convicted for the offences under Sections 302/149 and 147 of the Indian Penal Code but no separate sentence has been awarded.

(2.) The prosecution case is that one Chote Lal Murmu gave his statement at the Police Station on 3-6-1981 at about 1 p.m. that in the morning at about 9 a.m. he along with Bansi Lal Murmu was ploughing the land in question situated in Mohalidih Bahiar in village Ghardhaha for sowing paddy seed. Shyam Murmu and Rameshwar Murmu were picking up pebbles and grass in the said field. Sukhodi Murmu was sitting on the ridge of the field. After ploughing the land they were sowing paddy seeds. At about 9 a.m. 12-13 persons came variously armed with sabbal and lathi, out of whom he identified Babujan Tadu, Badan Tadu, Sushil Besra, Srinand Tudu, Bisheshwar Tudu, Budhan Besra, Sahdeo Besra, Subodhi Murmu, Sukhi Murmu and Sakaro Murmu. They protested ploughing the field and sowing seedling. Sukhodi Murmu asked them that the land belonged to her and she had right to plough and sow paddy seeds. Thereafter, Badan Tudu assaulted Sukhodi Murmu with Sabbal and rest of the miscreants assaulted with lathi. He along with other labourers tried to save Sukhodi Murmu then they were also assaulted by them. Sukhodi Murmu died at the spot after half an hour. In the meantime Kali Charan Das, Baleshwar Murmu, Parmeshwar Murmu and Gandhi Marandi came there. The motive of the occurrence was the land dispute and the litigation.

(3.) On the aforesaid statement formal First Information Report was drawn, investigation was taken up and on completion of investigation charge-sheet was submitted, cognizance was taken and the case was committed to the court of sessions for trial. The trial court convicted the appellants for the offences as indicated above.