PARNA MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Parna Munda has been convicted by the 4th Additional Sessions Judge of Hazaribagh under Section 302, I.P.C. and sentenced to undergo imprisonment for life in S.T. No. 72 of 1982 by judgment and order dated 24.11.1988. Therefore, he has come to this Court in appeal against his conviction and sentence.

(2.) Brief facts, which have led to the trial and conviction of the appellant are; that on 2.3.1980 which was the day of Holi, there had been some quarrel between the appellant and his brothers on one hand and one Sukra Munda of Hesagarh 7 -B Colliery situated at a distance of about 8 Kms. from Mandu police station in the district of Hazaribagh. Due to that quarrel at about 9 in the night on the same day the appellant and his two brothers went to the house of Sukra Munda and challenged him to come out. At this one Ramdhan Munda, a neighbour, intervened and tried to pacify the aggressors, volunteering to settle the dispute between them. In the meantime, the appellant, who was carrying a Farsa in his hand, dealt a Farsa blow on the head of the said Ramdhan Munda, who fell down. The appellant repeated the Farsa blows on his back so much so that. The blade of the Farsa got stuck in the wound on back. After inflicting injuries to the said Ramdhan Munda the appellant and his brothers fled away. On alarm, some neighbourers arrived. The informant Sheo Tahal Munda, son of Ramdhan Munda, went to call his relative Basudeo Munda residing at another Dhaura of the same colliery situated at a some distance. In that course later in the night injured Ramdhan Munda succumbed to the injuries sustained by him. Next morning his son Sheo Tahal Munda accompanied by his relatives Basudeo Munda and Balak Ram Munda went to Mandu police station and lodged an F.I.R. (Ext. 3) against the appellant and his unidentified brothers. A Sub -Inspector of Kuju police Out Post went to the place of occurrence, held inquest on the dead -body and sent the same for post -mortem to Sadar Hospital at Hazaribagh. In course of investigation the names of other two brothers of the appellant, namely, Jatru Munda and Indwa Munda came to light. Therefore, the three brothers were put on trial for committing murder of deceased Ramdhan Munda in -furtherance of common intention.

(3.) The appellant and his two brothers were charged under Section 302 read with Section 34 of the Indian Penal Code for committing murder of the deceased in furtherance of their common intention. However, they denied the charges, pleaded innocence and false implication. In particular, the appellant took the plea that at the relevant time he was not even present at the place of occurrence as he had gone to his village home in the district of Ranchi about 5 to 6 days back.