MAHADEO SINGH MUNDA Vs. ARJUN SINGH MUNDA

JUDGEMENT

(1.) Mahadeo Singh Munda and Chaitan Singh Munda who are the appellants in Criminal Appeal (DB) No.512 of 2013 along with Lakhindra Singh Munda, Shambhu Nath Singh Munda and Arjun Singh Munda who are the appellants in Criminal Appeal (DB) No.386 of 2013 are convicted and sentenced under sec. 302/34 of the Indian Penal Code. In Sessions Trial No.113 of 2007 with Sessions Trial No.491 of 2007, the appellants are sentenced to RI for life and a fine of Rs.20,000.00 each under sec. 302/34 of the Indian Penal Code with a default stipulation to undergo further imprisonment for two years.

(2.) Mahadeo Singh Munda, Chaitan Singh Munda, Lakhindra Singh Munda, Shambhu Nath Singh Munda, Arjun Singh Munda and Nishikant Singh Munda were made accused in Tamar PS Case No.70 of 2006 which was registered on 28/7/2006 under sec. 302/34 of the Indian Penal Code. The fardbeyan of Ranjeet Singh Munda was recorded on 28/7/2006 at 10:15 AM by Rampravesh Kumar who was the officer-in-charge of Tamar PS. The informant who is the husband of Manjri Devi stated that after working in the field he returned home at 05:00 PM. Soon thereafter, he heard cries (cpkvks&cpkvks) of his wife and daughter and so rushed in that direction. There he saw that Mahadeo Singh Munda, Chaitan Singh Munda, Lakhindra Singh Munda, Shambhu Nath Singh Munda, Arjun Singh Munda and Nishikant Singh Munda had encircled his wife. They committed marpit with his wife who was trying to ward-off the assault and was crying. The informant further stated that he reached the place of occurrence with his brothers-in-law and tried to intervene but in the meantime Chaitan Singh Munda slapped and pushed his wife and Mahadeo Singh Munda started indiscriminate attack on her head with tangi. The other villagers who were working in the adjoining field when reached there the accused left his wife and fled away.

(3.) Nishikant Singh Munda could not be apprehended and the case of other five accused was committed to the Court of Sessions for trial. It appears that Sessions Trial No.113 of 2007 started against Shambhu Nath Singh Munda after a separate charge under sec. 302/34 of the Indian Penal Code was framed against him on 21/5/2007 and other four accused were put on trial in a separate sessions case vide Sessions Trial No.491 of 2007. Both the sessions cases were amalgamated vide order dtd. 4/8/2008 and the appellants were tried together.