RATIA @ ETWA DAHANGA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 31.7.2002 passed by learned 1st Additional Sessions Judge, Chaibasa, in S.T. No. 269 of 2000 convicting the Appellants for the offence under Sections 302/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life.

(2.) Mr. G.B. Rao, learned Counsel appearing for the Appellants as Amicus Curiae, submitted that as no injuries were found on the vital part of the body of the deceased-Budhuwa Dahanga and, therefore, it cannot be said that there was intention to kill, and the Appellants had no knowledge that such injuries will be fatal.

(3.) The prosecution case according to fard beyan of the informant-Niral Dahanga-P.W. 1-wife of the deceased, in short, is that on 21.5.2000 the deceased-Budhuwa Dahanga along with his wife was returning to his house at about 4:30 a.m. from his in-laws house for feeding fodders to the animals. When the deceased along with the informant reached near the Tamarind tree at about 5:15 a.m., the Appellants, who are the elder brothers of the deceased, started assaulting her husband with 'Danda' and then her husband fell down on the ground and blood started oozing. Appellant No. 1- Ratia @ Etwa Dahanga assaulted her husband on his hands, legs and head with 'Stone'. Appellant No. 2-Pusha Dahanga brought 'Tangi' from his house and assaulted her husband from the back portion, on his legs and hands. Due to such injuries, her husband died there. The Appellants also chased the informant to kill her. She fled away from there and narrated the occurrence to the villagers.