KACHHU MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 31-8-1995 and 7-9-1995 respectively passed in Sessions Trial No. 102 of 1991 whereby Smt. Shakuntala Sinha, Additional Judicial Commissioner, Khunti, has convicted the appellant under Sections 302/34 and 201 of Indian Penal Code and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000 (rupees five thousand) and in default to undergo further rigorous imprisonment for one year, under Section 302/34 of Indian Penal Code, and to undergo rigorous imprisonment for five years under Section 201 of Indian Penal Code, with the direction that the sentences will run concurrently.

(2.) Briefly stated, the prosecution case, as mentioned in the fardbeyan (Ext. 1) of Sohrai Gosai (PW 4) is that on 8-8-1991 when the informant was sleeping with his wife in a room of his house, where a dhibri was burning, and Maula Munda and Pauwa Munda - both sons of Sanika Munda - were sleeping in the adjoining eastern 'dhaba' at about 12.00 in the midnight, Maula and Pauwa entered in his room, followed by Sukhnath Munda with a Balua, Kachchu Munda (this appellant) with a bhujali and Dholo Munda with a bhujali Further case of the prosecution is that Maula Munda and Pauwa Munda, both squatted on a mat of the informant and thereafter those three accused persons tried to drag them away and Dholo Mundain gave a bhujali blow to Pauwa Munda and Sukhnath Munda and Kachchu Munda assaulted Maula Munda with the balua and bhujali respectively on his head and neck and both of them also assaulted Pauwa Munda on his neck, as a result of which Pauwa and Maula died. Further case of the prosecution is that the informant was threatened not to raise alarm, otherwise he also would be killed. Sukhnath Munda is stated to have sent the wife of the informant and her child to his own house, and thereafter, they brought gunny bags and rassi and took away the dead bodies and concealed the dead bodies near Kara Sarna.

(3.) Fardbeyan (Ext. 1) of Sohrai Gosai (PW 4) was recorded by S.I.M. Prasad, officer incharge of Karra P.S. on 9-8-1991 at 10.30 a.m. at Jalanga Siwana near Kara Sarna and Karra P.S. Case No. 43 of 1991 was recorded against this appellant and three others under Sections 302/201/34 of Indian Penal Code and the police, after due investigation, submitted charge sheet against all the four accused persons including this appellant and as Dholo Mundain and Deosingh Munda were declared absconders and Sukhnath Munda died during trial, charges under Sections 302/34 and 201 of Indian Penal Code were framed against this appellant only, who was put on trial and was convicted, as aforesaid.