GUMDI BANRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal arises out of judgment and order of conviction and sentence dated 21.5.2003 passed by Sri Satya N. Prasad, 2nd Additional Sessions Judge, West Singhbhum, at Chaibasa, in Sessions Trial No. 191 of 1998 (G.R. Case No. 25 of 1998) whereby the Appellant has been convicted under Section 302 of the Indian penal Code and accordingly sentenced to undergo imprisonment for life. The Appellant has also been convicted under Section 201 Indian Penal Code and sentenced to undergo rigorous imprisonment for five years. However, both the sentences have been directed to run concurrently.

(2.) Prosecution case, in short, as emerges from the written report dated 16.1.1998 of the informant Jishu Banra (PW3) is that on the previous day (15.1.1998) at about 7.30 p.m. he along with Kaira Banra, Mansingh Banra (PW2) (son of the deceased), and Badur Kabri, were corning from Asura Murgi Para to their village. At a distance of about 1/2 Km. from the village, two persons having swords in their hands quickly arrived from the side of the village Rango Basa and began to assault his cousin Kaira Banra (deceased) with sword. Then, the informant and Ors. tried to save Kaira Banra from the assailants, who were Bijoy Banra (absconder) and Gumdi Banra (Appellant). The informant and the others requested the assailants not to Ml Kaira Banra, but they did not hear and both of them took Kaira Banra at some distance and killed him. Thereafter, the informant and the others ran away out of fear and told about the occurrence to some of the villagers and the Munda of the village. In the morning, on the next day, they went to the place of occurrence and saw Kaira Banra lying dead. They told about the occurrence to Mchrai Banra (PW1), brother of the deceased and asked him to lodge information with the Police. It is stated that wife of Kaira Banra - Mini Banra (PW4) used to reside in the house of her maternal uncle (the Appellant) in spite of the objection raised by the deceased and due to this reason, he was lolled. Written report (Ext 3) was written by Shanakr Banra as stated to him by the informant (PW3), who signed on the same.

(3.) On the basis of the said fard bey an/written report of the informant, Mufassil Chaibasa PS Case No. 8 of 1998 was registered. After investigation, charge sheet was submitted against the Appellant. It appears that Bijoy Banra absconded and the Appellant faced the trial and convicted as aforesaid.