GANDURA MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal at the behest of both the appellants is directed against the judgment and orders dated 13.5.1994 passed by Sri S.K. Mishra, the then Addl. Judicial Commissioner, Lohardaga, in S.T. No. 647 of 1992, whereby and whereunder they have been convicted under sections 302/34 of the Indian Penal Code, on the charge of committing the murder of Naresh Munda in furtherance of common intention, and sentenced to undergo rigorous imprisonment for life.

(2.) BRIEFLY put, the prosecution case, as made out in the fard -beyan (exhibit 7) of Dhadhura Munda (the informant) recorded by the then Officer -in -charge of Kisko Police Station, namely, Y.N. Singh, on 15.5.1992 at 4 AM at village Salaiya Kasi Tam, within Police Station Kisko, district Lohardaga and as elucidated in evidence is as under :

(3.) AT the trial, the prosecution examined 13 witnesses in support of its case. Out of them, P.W. 5 (Ram Nath -Naik) P.W. 8 (Birendra Lohra), and P.W. 9 (Vinod Munda) are tendered witnesses. P.W. 1 (Chintamani Devi), wife of the informant, is the sale eye -witness to the alleged assault made on the deceased. The other P.Ws. are : P.W. 2 (Bandhan Lohar), the Chowkidar, P.W. 3 (Pitambar Naik), P.W. 4 (Timbu Naik), PW. 6 (Etwa Munda), P.W. 7 (Baldeo Lohra), P.W. 10 (Shri Viswanath), the then Judicial Magistrate, who recorded the statement of the informant, Dhadhura Munda and P. W. 1 (Chintamani Devi) under section 164 of the Cr. PC., P.W. 11 (Dr. Sunil Minz), who held autopsy on the dead body of Naresh Munda, P.W. 12 (Fagun Munda) and P.W. 13 (Yadu Nandan Singh), the Investigating Officer.