RAM KISHUN MURMU Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment and order dated 23.6.2000/29.6.2000 passed by 2nd Additional Sessions Judge, Banka in Sessions Trial No. 785 of 1998 whereby they have been convicted for the offence under Section 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life. They have also been convicted for the offence under Section 148 of the Indian Penal Code but no separate sentence has been awarded.

(2.) The case of the prosecution is that Binju Hansda gave his fardbeyan on 19.11.1997 at about 5 p.m. at his village Mahabdeo Asthan that at about 8 a.m. he along with his family members was harvesting paddy crop in Thutha Bahiyar, At about 9 a.m. the appellants and Chotelal Hembrum and Kaila @ Kailash Hembrum variously armed with tani lathi, bow and arrow and iron rod came and abused them. The appellant, Upendra Tudu ordered to kill and he himself gave a tangi blow on his head causing injury and he fell down. Thereafter, appellants, Bariar Tudu, Ram Kishun Tudu and other accused also assaulted him. He raised alarm on which his family members tried to save but the accused ran to assault them. His family members ran away to save their lives. On alarm raised Chinku Hembrum, Baleshwar Hansda and many others came. The accused persons thereafter ran away. The villagers took him to his house. The people of the village were trying to make arrangement to take him to hospital. The motive of the occurrence as alleged was land dispute with the accused persons.

(3.) On the aforesaid fardbeyan a formal first information report was drawn and investigation was taken up. During investigation the informant died in the hospital. On completion of investigation charge-sheet was submitted against eight persons. Cognizance was taken and the case was committed to the Court of Sessions for trial. The trial Court acquitted Chotelal Hembrum and Kaila @ Kailash Hembrum, however, convicted the appellants as indicated above.