BASANTI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 14th July, 2009 and 17th July, 2009 respectively, passed by the 1st Additional Sessions Judge, Bermo at Tenughat in Sessions Trial No. 184 of 2005 whereby the Appellants have been held guilty for commission of murder of Philip James Marandi, Jawanti Marandi and Sandeep Paul Marandi and accordingly convicted under Sections 302/34 of the Indian Penal Code, and both the Appellants have been awarded death sentence under Section 302/34 of the Indian Penal Code subject to confirmation of the order of conviction and sentence by the High Court. Further, the Appellants have also been held guilty for offences under Section 307/34 of the Indian Penal Code and accordingly sentenced to undergo rigorous imprisonment for ten years. The Appellants have preferred this appeal. The learned Addl. Sessions Judge has also made a reference to this Court for the confirmation of the Death Sentence. Both the appeals are arising out of the same judgment, hence both are being disposed of by this common judgment.

(2.) The prosecution case in a nutshell is that the informant Sanjay Peter Marandi alias Raja PW6 had a tea shop near his house. His friend Sushant Tudu PW5 came to his shop on 10.3.2005 at about 8.30 p.m. and asked him to accompany him to Jaridih Bazar. Meanwhile, Subhash Kumar Sao (PW3) also arrived there in the shop of the informant PW6. Sanjay Peter Marandi, the informant, requested him to remain in the shop for a little while along with the boy who used to work in the shop. Thereafter, Sushant Tudu PW5 and the informant PW6 went to Jaridih bazar on a motor cycle of Sushant Tudu. After sometime, the informant PW6 reached at his shop and found that there were a number of persons who had surrounded his shop and he was told by them that the accused Appellants Bikash Sharma alias Gulla and Vishal Sharma alias Banti having sword and bhujali in their hands had come to his shop and assaulted Subhash Kumar Sao PW3 by the weapons they were holding in their hands, believing him that he is Sanjay Peter Marandi. It is also in the prosecution story that Subhash Sao PW3 ran away from the shop to his house to save his life and he lodged himself inside his house which was nearby the shop of the informant. The aforesaid accused Appellants proceeded towards the house of the informant with the intention to kill the family members of the informant. Meanwhile, the informant also returned from the market to his shop. On hearing the said information from the people gathered at the spot, the informant rushed immediately to his house and he saw that the mother of both the accused Appellants was standing near the gate of the boundary wall holding a danda in her hand and Rajesh Kumar, the brother of the aforesaid Appellants, was also present there holding danda in his hand and he exhorted the Appellants to kill all family members of the informant. The accused Appellants Vikash Sharma and Vishal Sharma assaulted the mother, father and brother of the informant. When he saw causing brutal assault on his family members, he raised alarms for saving them and both the accused Appellants rushed towards the informant to assault him with the weapons they were holding in their hands. The informant also fled away from the place of the occurrence on the apprehension that if he would remain there to save them, they will also kill him at the spot and he reached at the police station where he informed the Munshi (constable clerk of the Police Station) about the incident and the officer in charge of the Police Station who was on patrolling duty was informed on wireless and he reached at the spot immediately. When the police reached at the place of occurrence, his brother had already succumbed to the injuries and his parents were alive. They were taken to the hospital, but when they were going to the hospital, the mother of the informant also expired on the way. His father was admitted in the Dhori hospital where he died after four days. The police after reaching at the spot also recorded fardbeyan of the informant. The police prepared the inquest reports and also registered a case being Bermo PS Case No. 30 of 2005 and started investigation in accordance with law. The investigation culminated into the submission of the chargesheet against the accused Appellant by the police.

(3.) Learned Magistrate after taking cognizance, the case was committed to the court of sessions and the Appellants were charged by the learned Sessions Judge. The Appellants denied the charges and claimed trial.