MARKANDEY NAIK Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a jaii appeal preferrred by the abovenamed four convicts against the judgment and order, dated 25-9-1993 passed by the 3rd Additional Sessions Judge, Singhbhum (West), Chaibasa in S.T. No. 552 of 1989, whereby and whereunder all the abovenamed accused persons have been convicted under Section 302/34, I.P.C. and sentenced to rigorous imprisonment for life.

(2.) One Madho Naik was returning after playing Holi in Bara Basti on 23-3-1989, when he reached at his village Jarki Samalabad under Chakradharpur Police Station at about 7 p.m. he was attacked by the accused appellant, Markandey Naik being armed with Tangi and Dau. The other accused persons also joined him and on being ordered by Markandey Naik, all the accused persons assaulted Madho Naik by means of Dau and Tangi and Sabal. On receipt of the injuries Madho fell down and the accused persons fled away. The occurrence was witnessed by PW 1, Lakhan Naik, who was also passing through the way behind Madho Naik. Tarani Naik, PW 4, son of the deceased Madho Naik also had seen the occurrence from his door steps. On seeing the occurrence, PW 1, Lakhan Naik rushed away from the place to inform Dhrijo Nayak, nephew of deceased Madho Naik. On the next day in the morning hours, this Dhirjo Nayak made a Fardbayan before the police at the village itself when police came there on being informed of the occurrence and in the F.I.R. detailed occurrence was reported. Formal F.I.R. was registered on the basis of the Fardbayan (Ext. 5) and the case was investigated. During the course of investigation, blood-stained Dau was recovered from the house of accused Markandey Naik. Chargesheet was submitted on completion of investigation against all the four accused persons under Section 302/34 I.P.C. On being committed to the court of Sessions, charges were framed under Section 302/34 I.P.C. by order dated 8-5-1990

(3.) The defence plea is the complete denial and as is revealed from the cross-examination of the witnesses. Their case is that they have been falsely implicated out of enmity.