MANGAL LOHARA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal has been preferred by the original accused-appellant against the judgment and order of conviction and sentence dated 22 nd December, 2003 and 23 rd December, 2003, passed by learned 2 nd Additional Judicial Commissioner, Khunti, in Sessions Trial No. 521 of 2000, whereby, the present appellant has been convicted for the offence under Section 302 to be read with Section 34 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life.

(2.) If the case of the prosecution is unfolded, the facts are as under: It is the case of the prosecution that P.W. 2 Smt. Gulia Orain has lodged a First Information Report on 16 th October, 1998 at 12.30, at noon hours before Tamar Police Station, District- Ranchi (now Khunti) against the accused persons, including the present appellant, to the effect that on 15 th October, 1998 Bigani Orain had visited her house with Ram Singar. At about 8.00 p.m. when they were sitting in her house, the accused persons came there. They were Mangal Lohara, Ghasia Munda and another person. The present appellant told the informant-P.W. 2 to send Ram Singar. Ghasia Munda, another accused, insisted Ram Singar to accompany him for taking liquor, which was refused by Ram Singar. Bigani Orain also prohibited Ram Singar from taking liquor. Ghasia Munda assaulted Ram Singar and, therefore, Ram Singar tried to save his life and tried to run away. All the three accused persons chased Ram Singar. They all assaulted Ram Singar. The assault was caused by Kulhari (Farsa). Thereafter, the accused persons ran away and when the informant and others were manging to take Singar to the doctor, who declared Singar dead.

(3.) After registering the First Information Report, the investigation was carried2. out and charge sheet was submitted by the police on 31 st July, 1999, showing the present appellant-accused Mangal Lohara to be absconding and further mentioning therein that F.I.R. named accused Ghasia Munda has been murdered. Thereafter, when the present appellant-accused was arrested, a supplementary charge sheet was submitted on 30 th January, 2000.