DADU ALIAS LUSHA MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Criminal Appeal on the. behest of the appellants (Dadu @ Lusha Munda and Dubai Munda) is directed against the judgment and order of conviction and sentence dated 24.2.1996 in S.T. No. 332 of 1992 passed by Sri A.P. Ram, Additional Sessions Judge, Seraikella, whereby and whereunder he convicted the appellants under Section 302/34 of the IPC for causing murder of Ram Singh Munda and under Section 201/34 of the Indian Penal Code for causing disappearance of the evidence of murder with the common intention of screening themselves from legal punishment. The appellants have been sentenced to undergo imprisonment for life under Section 302/34 of the IPC. They have been further sentenced to undergo rigorous imprisonment for two years each under Section 201/34 of the IPC and to pay a fine of Rs. 400/ - each and in default to undergo further rigorous imprisonment for two months. Both the substantive sentences under Sections 302/34 and 201/34 of the IPC have been directed to run concurrently.

(2.) BRIEFLY stated, the prosecution case, as made out in the First Information Report (Exhibit 1), is as under: The informant, Gurubari, Mundayeen (PW 6) and her husband, Ram Singh Munda (the deceased) had gone to the house of Budhan Munda in their village -Gumpu, P.S. Kuchai within the district of Singhbhum (West) to attend a marriage ceremony and while they were returning on 3.3.1992, around 7 p.m. both the appellants way laid them near Soreng Gutu Shrubs and Palas forest and they caught hold of the deceased (Ram Singh Munda) and assaulted him with Dandas as a result of which he fell down. Thereafter the appellants struck the deceased with stones causing his instantaneous death. It is further alleged that the appellants poured Kerosene oil and set fire to the dead -body of the deceased with intention to cause disappearance of the evidence of murder. The informant escaped raising hue and cry and narrated the incident to Manjhi Munda (PW 7), her Devar, and other co -villagers (who are not named in the First Information Report), who rushed to the spot and witnessed the appellants burning the dead -body of the deceased, as well as fleeing away towards the forest. The motive assigned for the murder of the deceased by the appellants is that 15 days prior to the alleged occurrence, appellant -Dadu @ Lusha Munda and carnal intercourse with the Shecalf of the informant for which a Panchayati had been arranged and out of the annoyance and vengeance, the appellants committed murder of the deceased, a day before the Panchayati was to be held.

(3.) THE defence plea is of innocence, false implication and total denial of the occurrence as alleged by the prosecution.