PARGANA MURMU Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are three appellants in this appeal, who have been convicted under Section 304, Part-I of the Indian Penal Code and sentenced to 10 years imprisonment by the Sessions Judge, Santhal Parganas, Dumka in Sessions Case No. 108/89.

(2.) Appellants No. 1 and 2 are own brothers. They are residents of village Kalo Dumaria while appellant No. 3 is the resident of village Kusmaha. Both the villages are within the jurisdiction of Jarmundi Sub Division.

(3.) The case against the appellants is that on 21-10-1988 at 8.00 p.m. the appellants caused hurt to deceased Kistu Murmu in his abdomen by slaps, fists and kicks in front of the house of Nilmani Marandi. The deceased was own uncle of appellants No. 1 and 2. After the assault, appellant Pargana Murmu carried the deceased Kistu dragging to his house. There also the appellants are said to have caused hurt to Kistu. In the night they placed the injured Kistu in the Court yard of Nilmani Marandi. In the next morning, the persons from the village arrived to whom the deceased told that he had been assaulted by the appellants. All the accused persons had caused hurt by fists and kicks in his abdomen. The villagers asked the appellant Pargana Murmu to keep Kistu in his house and get him treated but the appellant Pargana did not do so. Kistu Murmu remained untreated for two days. Thereafter on 24-10-1988 the villagers decided to carry him to Jarmundi Hospital for his treatment but he succumbed to his injuries in the way at village Baratand. The villagers carried Kistu to Jarmundi Police Station and on hearsay statement a case under Section 302, I.P.C. was registered against the appellants. No report of assault was given to the police. The entire fact came to light after the death of the deceased.