SRIJALHEMBRAMLENGRAHANSDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence recorded by the 3rd Additional Sessions Judge, Dumka, vide his judgment and order dated 20.9.1994 passed in Sessions Case No 234/92/192/92, through which he convicted and sentenced both the appellants to undergo imprisonment for life under Section 302/34 of the Indian Penal Code and further both the appellants were also sentenced to undergo rigorous imprisonment for seven years under Section 201/34 of the Indian Penal Code and it was further ordered that both the sentences shall run concurrently.

(2.) That the fact in short giving rise to this appeal is that a bullock belonging to the appellant Lengra Hansda was suffering from some trouble and as such died and on 15.3.1992 in the morning this appellant Lengra Hansda came to the house of the informant and asked the informant and her husband Musai Murmu that they were witch (dian) and they were responsible for the illness and death of his bullock for that a Panchayati in the village would be held today in the night and they must come for the Panchayati to which the husband of the informant expressed his inability for the reasons that he had no money to pay the fine to the imposed by the Panchayat and after harvesting of the paddy he is prepared to attend the Panchayati in this regard but this appellant threatened of dire consequences if they failed to attend the Panchayati in the same night, it is also the prosecution case that in the same night at about 10.00 P.M. or so these two appellants along with Poresh Murmu and Ruplal Hembram came to their house situate in village Sheulibana within Rameshwar Police Station, district Dumka and the appellant Lengra Hansda forcibly opened the door. Then the informant and her husband got up and enquired about the matter and came out from the house and then the informant had seen the appellant Lengra and Poresh Murmu were armed with lathi and the other appellant Srijal Hembram was armed with tangi and the informant identified them in the moonlit night.

(3.) It has also been alleged by the informant that all the accused persons in furtherance of their common intention had thrown the husband of the informant on the ground and they assaulted him by the weapons they were holding and so that informant began to weep and requested them not to assault her husband but due to assault, her husband died there and all the accused persons took the dead body from that place towards southern side. After that the informant out of fear left the village and went to the house of one Mukim Khan of village Saka Kandar and narrated the entire incident and remained there in the night and on the next morning she had gone to the house of her own brother Gando Soren in village Kalaibari and narrated the incident and in the morning at about 8.00 A.M. both of them came to the place of occurrence and searched the dead body of the deceased which could not be traced. The informant and her brother Bando then had gone to the Police Station and lodged the F.I.R. about this occurrence on 16.3.1992 at about 1.00 P.M. or so.