VISHWANATH KONGARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: This appeal arises out of judgment and order of conviction and sentence dated 31.3.2001 and 9.4.2001 respectively passed by Sri Pradeep Kumar Singh, Additional Judicial Commissioner, Khunti, in Sessions Trial No. 5 of 1997 (T.R. 15 of 1997) whereby the Appellants have been convicted under Sections 302/34 of the Indian penal Code and sentenced to undergo imprisonment for life, along with a fine of Rs. 2000/- (rupees two thousand) each and, in default of payment, to undergo further imprisonment of three months.

(2.) Prosecution case, in short, as emerges from the laid beyan of the informant Pharnu Kongari recorded on 2.6.1996 is that a month prior to the date of the occurrence, Dundru Kongari, the brother of the informant, had fallen ill and he had been treated by the informant and his wife by way of exorcism (jharphuk) but two/three days later, he died and thereupon the nephews of the informant I.e. Appellants No. 1 and 2 alleged that the informant and his wife had killed his father by practising witchcraft and that they had threatened that they would not spare them alive. On the very day which was a Saturday, Appellants 1 and 2 came at the house of the informant at about 11.00 'O' clock in the night and said that there would be a meeting today. The informant objected to the holding of the meeting on that day and Asked for convening the meeting on the next day. But inspite of his objection, the meeting was convened on that very day (Saturday night) and the decision taken in the meeting was recorded on a paper In the meeting payment of fine of Rs. 3000/-, 5 goats and 5 cocks, was imposed on the informant. The fine was to be paid by the informant by coming Monday for which Bodhi Kongari, the son of the informant, asked for some more time. Enraged by such request, Appellant No. 2, Manu Kongari, ordered to assault him (Bodhi Kongari) on which Dundru Kongari (absconder) and Appellant No. 3 Lecha Kongari alias Thutha caught the deceased and Appellant No. 1 Vishwanath Kongari gave tangi blows on Bodhi as a result of which he fell down on the ground and succumbed to the injuries. The occurrence was witnessed by the persons present in the meeting.

(3.) On the basis of the said fard beyan of the informant, Torpa PS Case No. 22 of 1996 was registered on 2.6.1996. After investigation, charge sheet was submitted against the Appellants and Dundru Kongari. It appears that Dundru absconded and the Appellants faced the trial and were convicted as aforesaid.