CHARKI MUNDAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the accused-appellants who are mother and son have been convicted under Section 302 of the Indian Penal Code for intentionally causing the murder of Tirchu Pahan in furtherance of their common intention and as such sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution case in brief is that on 2.1.1991 at about 21.45 hours, PW 4 Naku Pahan, son of the deceased came to his house from Ranchi and learnt from his mother and sister that his father had been killed by the accused-persons and that the dead body was lying at a some distance. He along with his mother and sister went to the spot, found his father lying dead with injuries on his person and the hands and legs had been severed from the trunk and were thrown some distance from the dead body. According to the prosecution case, the deceased was going to village Kauge when he was attacked from the back side by both the accused-persons being armed with danda and kudal. There was some quarrel between the deceased and the accused-persons, as a result of which, both of them attacked the deceased and killed him. Then, they went to the police station and surrendered by placing their weapons before the police. PW 4 (Naku Pahan) had lodged information to the police station on the same date after some hours and after the surrender was made to the police, came to the place of occurrence, visited the place where the dead body was lying, held inquest over the same and then sent the dead body along with the severed hands and legs for post-mortem examination. The incriminating weapons, i.e., danda and kudal as produced by the accused-persons in the police station had been seized in presence of the witnesses. During the course of investigation, some persons have been examined as eye-witnesses to the occurrence and after closure of investigation charge-sheet has been submitted under Sections 302/34 of the Indian Penal Code.

(3.) When the case was committed to the sessions, charge was framed by order dated 20.9.1991 under Sections 302/34 of the Indian Penal Code and when the same was read over and explained to the accused-persons, they pleaded not guilty.