PUTTI MUNDA AND ANOTHER Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two accused-appellants in the case have been convicted under Section 302/34 of the Indian Penal Code causing double murder of Budha Munda and Lohra Munda and sentenced to undergo rigrous imprisonment for life. The conviction and sentence was recorded by the impugned judgment dated 4-6-1992 passed by Shri J. K. Narayan, 2nd Additional Commissioner, Ranchi, at its Camp Court at Khunti, in Sessions trial No. 208 of 1990.

(2.) Etwari Mundain (PW 1) is the informant in the case. Her fard beyan was recorded on 17-8-1988 by the Officer-ia-Charge of Murhu Police Station at her Village Kurapurti at about 9 a.m. According to her, on the previous date i.e. on 16-8-1988 at about 4 p.m. she was uprooting the paddy seedling in her field and her husband Budhan Munda was grazing his cattle at some distance with a small child in his lap. She heard her husband shouted "Bachaoo" and then looking towards that side, she saw that her husband throwing down the child in the field when he was attacked by both the accused -appellants being armed with Tono and Tangi. It was specifically stated that appellant No. 1 was having Tono in his hand while the accused-appellant No. 2 Birsa Munda was armed with tangi. On receipt of several blows, he fell down in the paddy field of Dasai Munda. After assaulting Budhu Munda and while the informant was proceeding for rescue of her husband, she was also chased and then she ran from the place towards the village and informed about the occurrence to the villagers, namely, Bir Singh Munda and Soma Munda. She also mentioned in the fard beyan that she could know afterwards that before assaulting her husband to death, those accused appellants had committed the murder of Lohra Munda near the field of Tarkain Munda. Both the injureds died at the spot itself. The informant made her statement in Mundari language which was translated by the village Panchayat and after being read over and explained to the informant, she put her left thumb impression over the same. On the basis of the fardbeyan, the police registered a case. The police investigated the case an d after arresting the accused persons submitted charge-sheet against both the accused persons under Section 302/34 of the Indian Penal Code.

(3.) The motive behind the double murder as disclosed in the fardbeyan that about a week prior to the occurrence, some cattle belonging to the accused persons died and they were of the belief that because of the witchcraft practised by the deceased Budhu Munda and Lohra Munda, the cattle died and as such by calling them witch, they killed both the deceased successively in the same chain of occurrence. When the charge was framed under Section 302/34 of the Indian Penal Code against both the accused persons, they pleaded not guilty. The defence case is of total denial and of false implication.