HIRA MARANDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment of conviction dated 5.9.2002 and the order of sentence dated 7.9.2002 passed by learned Sessions Judge, Deoghar in Sessions Trial No. 181 of 1999 corresponding to Madhupur P.S. Case No. 85 of 1999, whereby the learned Sessions Judge held the appellants guilty for the offences punishable under Sections 302/324 I.P.C. and accordingly sentenced them to undergo R.I. for life and to pay fine of Rs. 5,000/- each under Section 302 and in default of payment of fine further R.I. for one year, and R.I. for one year under Section 324 I.P.C. The prosecution case as it appears from the written report lodged by Phago Ram Hansda in brief is that on 26.5.1999 in the morning the father of the informant had gone to restrain the accused persons, namely, Hira Marandi, Bal Govind Marandi, Gokul Marandi, Shobha Marandi and Karu Hansda from ploughing the field which was under dispute. The informant also followed his father. It is alleged that the accused persons who were armed with Bhujali, Lathi, etc. made an attempt and caused injury to Jamuna Hansdatitt is specifically alleged that Hira Marandi and Balgovind Marandi who were armed with Bhujali caused injury to the deceased on his neck and head whereas the remaining accused who were armed with Lathi had assaulted him. When the informant tried to rescue his father he was also chased and assaulted by accused persons and sustained injury. He has also disclosed that after having injury he became unconscious for a while and after he became conscious he reached to the Police Station and lodged this written report. On the basis of the written report, Madhupur P.S. Case No. 85 of 1999 dated 26.5.1999 under Sections 307, 326, 324, 323 and 34 I.P.C. against named accused was registered. Since after institution of the case Jamuna Hansda scummed (sic--succumbed?) to the injuries, Section 302 I.P.C. vide order dated 27.5.1999 was added.

(2.) The investigation proceeded and at the conclusion charge-sheet against all the 5 accused under Sections 323, 324, 326, 307, 302 and 34 I.P.C. was filed. After commitment the charges under Sections 323, 324, 326, 307 and 302 I.P.C. against all the five named accused including the appellants were framed. Since they had pleaded not guilty, they were put on trial.

(3.) The prosecution in order to substantiate the charges examined altogether 13 witnesses out of whom Phago Ram Hansda (the informant), Basoni Devi (wife of deceased), Dewanti Devi (wife of informant), have been examined as P.W. 1, P.W. 2 and P.W. 3 respectively. Dukhan Marandi (P.W. 4) and Rawan Marandi (P.W. 5) have also alleged to had witnessed the occurrence. Anita Devi (P.W. 6), Lakhindra Marandi (P.W. 7), Jitan Hansda (P.W. 8), Melody (P.W. 9), Bhola Turi (P.W. 10) have not supported the prosecution case and they have been declared hostile. Yogendra Narayan Singh (P.W. 11) happens to be the Doctor who had conducted autopsy on the dead body of Jamuna Hansda whereas Dr. Bishwanath Das (P.W. 12) had treated the informant and proved the injury report. Ran Bijay Singh is the investigation officer who was examined as P.W. 13. Phago Ram Hansda, P.W. 1 (Informant), Basoni Devi (P.W. 2) and Dewanti Devi (P.W. 3) have fully supported the prosecution case and they have stated that deceased Jamuna Hansda on the date of incident had gone to raise objection against ploughing of the disputed field, but the accused persons, who were armed with Bhujali and Lathi, caused assault to him on his neck, head and other part of the body. After receiving injuries Jamuna Hansda fell down and later scummed (sic--succumbed?) to the injuries. It is stated by these witnesses that Phago Ram Hansda, informant tried to save his father, but he was also chased and assaulted by the accused persons and sustained injury. Dukhan Marandi (P.W. 4), Rawan Marandi (P.W. 5) had also supported this fact that Hira Marandi and Balgovind Marandi had caused assault to the deceased by means of Bhujali as a result he sustained injuries and died. They have further supported this fact that the informant was also assaulted by the accused person when he intervened to save his father. Dr. Yogendra Narayan Singh (P.W. 11) had found--