SUKAL HANSDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment and order dated 5.6.1990 passed by the learned Sessions Judge, Dumka in Sessions Case No. 43 of 1989, whereby and whereunder they were convicted under Sections 302/34, IPC and sentenced to go imprisonment of life.

(2.) THE prosecution case as per fardbeyan (Ext. 4) of the informant, who later on died, is that on 12.8.1988 at 6.00 a.m. at village Murga Danga, he had gone to plough in his nearby field which was allotted to the share of Ravan Marandi, his step -brother. As Ravan Marandi and his sons were not living in the village, hence he was cultivating that land. At that time, both these appellants and their son Daniyal Hansda (since acquitted) went there armed with Sickle and Danda and asked to kill him as he was ploughing the land. The informant (deceased) out of fear fled away towards north of the field but at the maize field, he was caught, laid down on the field and was given hasua blows on different parts of his body. Villager Pappu Hambram (PW 3); wife of Jari Murmu and nearby villagers witnessed the alleged occurrence.

(3.) ON trial, accused Daniyal Hansda. son of these appellants, was acquitted and both these appellants were convicted and sentenced as referred to above.