SHAILENDRA SINGH MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal is preferred against the judgment and order of conviction and sentence dated 24 July, 2007 and 27 th July, 2007 respectively, passed by the Additional Judicial Commissioner , 1 st Khunti, in Sessions Trial No. 629/2005, whereby the appellant has been convicted under section 302/34 I.P.C. and sentenced to undergo imprisonment for life.

(2.) Two accused including the appellant were sent up for trial, but the instant appeal is preferred by one of the convicts, namely Shailendra Singh Munda.

(3.) The prosecution story, as disclosed in the FIR is that on 13.11.2004 which is the date of the occurrence, Sri Pada Singh Munda @ Laghu Munda (deceased), the husband of the the informant, had gone with Sobha Munda and Gahanan Munda to see them off to their house, since they were old persons. He had left his house at 6.00 p.m along with these two persons, He was sitting along with Gahan Munda and Sobha Munda, at about 9.00 p.m. accused Sunder Singh Munda accompanied by the present appellant Shailendra Singh Munda alias Solen Munda arrived at the scene of incident. Sundar Singh Munda was armed with a knife; he inflicted injuries on the deceased from the front side of his neck which resulted in instantaneous death of the deceased. Information was given to the first informant, the wife of the deceased, by the two persons who had accompanied the deceased from his house. The wife of the deceased arrived at the place of the occurrence, in village Putida, P.S. Arki. The FIR was lodged with the Police Arki PS case No. 34/2004 under section 302/34 IPC, was registered on the next day at 16.30 hrs at Hetalalong Toli, Putida, naming the two accused persons, Sunder Singh Munda and the present appellant as the assailants of the deceased. The entire story detailed in2 the FIR has been substantiated by the eye-witnesses during trial namely PW1, Gahan Munda. This witness was declared hostile. PW2 Sobha Munda and PW3 Jungal Singh Munda are witnesses on fact. PW4, Sukru Devi, the wife of the deceased, is the first informant. PW5 Ghanshyam Munda was examined as a witness to substantiate the enmity between the deceased and the appellant. PW6 Saroj Singh is the investigating officer and PW7 is Dr.Tulsi Mahto who had proved the post mortem report as a secondary evidence since the post mortem was conducted by another doctor who died in an accident and therefore the post mortem was proved by his senior (PW7).