GOLA MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 4.2.1993 recorded by Sri S.K. Murari, 6th Additional Judicial Commissioner. Ranchi, in Sessions Trial No. 542/89 thereby and thereunder the appellant was found guilty under Section 304, IPC and he was sentenced to undergo rigorous imprisonment for ten years. By the same judgment, the other two accused facing trial, namely. Tata Ladura Munda and Lambo Devi were acquitted.

(2.) The prosecution case, in short, is that in the night of 10.7.1987, the informant Soma Munda alongwith his wife were in the house of Budhua Munda who lost his parents and according to the informant, they were entrusted to look after the boy Budhua by the villagers, but, in the meantime accused Tata Ladura Munda, Lambo Devi and this appellant, Gola Munda asked the informant to leave the house of Budhua and when the informant refused, the appellant and two others assaulted the wife of the informant by fists and slaps and also by a bottle. On alarm. Singhrai Manki a relation of Manbodh Manki came and intervened in the matter. Then the informant also assaulted him with a bottle. Then they all had gone to the house of Manbodh Manki and Manbodh Manki tried to intervene in the matter. Then this very appellant Gola Munda gave a lathi blow on his head causing serious injury on him.

(3.) Immediately the injured Manbodh Manki was removed to Khunti State Dispensary and in the dispensary the fardbayan of the informant Some Munda was recorded by Murhu police at about 1 p.m. on 11.7.1989 and on that basis a case under Sections 447, 324/323, IPC was instituted as against the appellants and two others. In course of treatment Manbodh died on 24.7.1989 and his dead-body was buried by the villagers. But the police after getting information exhumed the dead-body from the graveyard and inquest was prepared on 27.7.1987 and the post-mortem was held on 28.7.1987 and police after completing investigation submitted charge-sheet under Section 304, IPC as against the appellant and Lambo Devi and Tata Ladura Munda.