AWADHESH DUSADH JAMUNA DUSADH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal arisen out of judgment of conviction and sentence passed by the then Sessions Judge, Palamau at Daltonganj in S.T. No. 108 of 1986 by which the learned trial Judge convicted the appellants and sentenced them to undergo R.I. for life under Section 302/34 of the Indian Penal Code.

(2.) The case of the prosecution, as stated in brief, is that on 8-9-1986 at about 2 p.m., the appellants along with other accused namely Narad, Rameshwar and Rabindra chased the deceased Muni Dusadh and at that time accused Awadhesh was armed with Garansa whereas other accused persons including appellant No.2 Jamuna Dusadh was holding lathi. It is further alleged that accused persons assaulted the deceased in village Talaiya near a tank of Muni Dusadh, the deceased died in a paddy field. One Chandradeep Dusadh son of Chowkidar of the village, Shital Dusadh had seen the occurrence and he reported the matter to his father, Shital Dusadh, who had gone to market at that time. On getting this information, the village Chowkidar, Shital Dusadh went at the place of occurrence and found the dead-body of deceased Muni Dusadh and, thereafter, he went to police station and gave his fardbeyan on the basis of which the case was registered under Sections 147, 148, 149 and 302/34, IPC against both the appellants and other three persons. Namely, Narad,T Rameshwar and Rabindra.

(3.) The police investigated into the case and submitted charge-sheet against both the appellants, whereas other accused Narad, Rameshwar and Rabindra Ram were not sent up for trial and their names were mentioned in column-I' of the charge-sheet. The witnesses were examined in the lower Court and after considering the evidence on record, oral as well as documentary, the learned Sessions Judge convicted both the appellants and sentenced them under Section 302/34, IPC, as mentioned above.