JHIRGA MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the sole appellant against the judgment of conviction and order of sentence dated 28.4.92 passed by 7th Addl. Judicial Commissioner/Additional Sessions Judge, Ranchi in Sessions Trail No. 258/86 whereby the appellant has been convicted under Section 302 IPC and sentenced to life imprisonment.

(2.) Briefly stated, the facts of the case are that on 24.09.1884 the informant's son, namely Birsa Lohra, aged about 12 years, (the deceased) along with one Somra Munda had gone to graze the cows in the forest. It is said that while he was returning with Somra Munda along with the cows, they reached near Maragarha where they saw that five persons were cutting lac from the palas tree grown by his father. Birsa Lohar, the son of the informant, objected to such cutting or collection of lac on the ground that the same belonged to his father. Birsa Lohra further told those persons that he would inform this fact to his father after reaching home. Upon this, Jhingra Munda, the appellant, out of annoyance and vengenance , chased the deceased, Birsa Lohra and also Somra Munda . After chasing them up to a distance of 10-20 steps the appellant-accused is alleged to have given a tangi blow on the neck of the deceased, Birsa Lohra as a result of which the deceased sustained injuries to which he succumbed at the spot. The appellant could not catch hold of Somra Munda and so Somra Munda could be able to come back to the village and informed the informant and the villagers that Birsa Lohra the deceased, had been killed by the appellant. He narrated the entire incidence to the villagers. Thereupon the informant along with Pw2, Jainath Lohra, PW3, Budhu Munda, PW7, Baida Munda and others proceeded towards the forest where the deceased was said to have been killed by the appellant. When they reached at the spot, they saw that co-accused were dragging the dead body of the deceased Birsa Lohra. When those co-accused saw these persons, they all fled away from the place of occurrence leaving the dead body at the spot. On their visual observation it was found that the neck of the deceased was cut and he was found dead, Thereupon they left some of the persons at the spot and some of the villagers along with the informant returned back to the village. They informed the whole matter to all the villagers, the village Pradhan .Harish Chandra Singh Munda who asked them to inform this matter to the police. The matter was then reported to the police on 25.9.84 at about 6.30 a.m in the morning. FIR was lodged and a case was registered against the appellant and other co-accused. The matter was investigated and oh completion of investigation charge sheet was submitted before the court. The case was committed to the court of sessions. Charge was framed. The accused-appellant pleaded not guilty and claimed his trial.

(3.) The prosecution, in support of its case, examined eight witnesses. P.W1 is Ban Singh Lohra , the informant of the case and the father of the deceased. PW2 is Jai Nath Lohra , a co-village who accompanied the informant after getting information about the occurrence from Somra Munda. P.W.3 is Budhu Munda, a co villager. PW4 is Paitu Oraon, a co-villager. PW5 is Narain Oraon, a co- villager, PW6, Sukra Lohra is the chaukidar of the village. Pws 7 and 8,namely, Baida Munda and Jakari Oraon are the co-villagers. PW3, Budhu Munda and PW8, Jakari Oraon are the witnesses to the fact that tangi was discovered at the instance of the accused-appellant from a bush. They are also the witnesses before whom the accused-appellant is alleged to have confessed his guilt. It is alleged that when the accused was apprehended by the villagers, they sent PW6, the chaukidar to call the police. Apart from the above, Dr. Renu Bala Jaganath Ram (constable) and Dr. Yogendra Nath, Asstt. Professor, were examined as court witnesses as CWs. 1,2 and 3 respectively. Dr. Renua Bala has proved the post mortem report as secondary evidence. Dr. Yogendra Nath conducted autopsy over the dead body of the deceased. CWB,2, Jagannath Ram has proved certain documents produced by the police such as, FIR, sick report and seizure memo etc.