GONDA MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 16.5.1996 passed by the learned Additional Judicial Commissioner, Khunti in S.T. No. 137/90 convicting the sole appellant Gonda Munda under Section 302, IPC and sentencing him to undergo imprisonment for life. The learned Additional Judicial Commissioner-convicted the other six accused-persons for the offence punishable under Section 323, read with Section 149, IPC and sentenced them to go imprisonment of sentence already undergone.

(2.) The informant-Sukari Mun- dain (PW 2) has stated in the FIR that in the evening at about 7 p.m. on 28.3.1988 there was a dance on the occasion of Sarhul at her house. In the dancing party Chand Kumari, Angi Mundain, PW 5, Sarin Kumari and Sunny Kumari had also participated. Her father-Sagar Munda and uncle Soma Munda (PW 4) had gone to participate in the Sarhul dancing festival to another village Saridkale. The informant and her maternal grandfather- Chanda Munda were alone at home. In the meantime the appellant-Gonda Munda having tangi in his hand, Sonika Munda, Bhagrai Munda, Gusu Munda, Mochi Rai Munda, Jagai Munda and Karam Singh Munda, all having lathi in their hands, were searching Sagar Munda and Soma Munda, father and uncle of the informant, to kill them as there was land dispute, pending in between them. The grand- father-Chanda Munda tried to pacify them but the appellant-Gonda Munda, gave a tangi blow on his head. On being injured Chanda Munda fell down then the other co-accused assaulted him with danda resulting the death of Chanda Munda at the spot. To save Chanda Munda, nearby dancing girls, Chandmani Kumari, Gangi Kumari and the informant tried to rescue but they were also assaulted with lathies. Her uncle-Soma Munda while returning home from another village, was also assaulted on his way by the accused persons.

(3.) Ext. 6 is the inquest report of the deceased Chanda Munda. Ext. 5 is the seizure list of blood stained soil and Ext. 3 series are the injury reports of the injured Chandu Nag, Gangi Nag, Soma Munda and Sukar Nag. Ext. 1 is the post-mortem report of the deceased Chanda Munda.