KANDRA MURMU Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THIS Criminal Appeal has been directed against the judgment and order of conviction and sentence dated 19th January. 1993, passed by Sri Tarkeshwar Prasad, 2nd Additional Sessions Judge, Jamshedpur, in Sessions Trial No. 510 of 1990, convicting both the appellants under Section 302 read with 34 of the Indian Penal Code as also under Section 201 read with 34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life for the offence under Section 302 read with 34 of the Indian Penal Code and to undergo rigorous imprisonment for five years under Section 201 read with 34 of the Indian Penal Code. However, it was ordered that both the sentences would run concurrently.

(2.) THE prosecution case, as per the fardbeyan of the informant Goura Murmu (PW 9), is that she along with Sadho Muni Hansda (PW 10) and her mother Maiya Murmu (deceased) had gone to Kalajhore Forest to collect fire -woods on 25.8.1990 at 12 noon. While they were collecting fire woods and both Coura Murmu (PW 9) and Sadho Muni Hansda (PW 10) were away at a distance of 10 to 12 cubits from Maiya Murmu (mother of the informant), they saw that their villagers Kandra Murmu and his son Ishwar Murmu, having Kulhari (axe) in their hands came there at about 1.00 p.m. and saw Maiya Murmu. They uttered that they met the old lady and they would cut her. Both of them caught hold of Maiya Murmu. which was seen by the informant and Sadho Muni Hansda from a distance of 10 to 12 cubits where they had concealed themselves out of fear. They saw that appellant Kandra Murmu caught hold of her (informants mother) and appellant Ishwar Murmu cut the head of Maiya Murmu (mother of informant) with Kulhari (axe) and they took away the head and left the place. When the accused left the place, then both the informant and Sadho Muni Hansda went to the village and informed Vinod Murmu (PW 5), Hengo Hansda (PW 6), Kalia Hembram (PW 4), Sunil Murmu (PW 7). Sitan Bhumij (PW 8) and other about the occurrence. These villagers went to the Forest and saw the beheaded body of Maiya Murmu. The villagers also identified the dead body by the cloths worn by the deceased Maiya Murmu. Throughout the night, they guarded the dead -body. Thereafter, they informed the Vilkage -Chowkidar Sitan Bhumij (PW 8). The Village Chowkidar asked them to inform the police. Then the informant went to the Police Station along with other villagers where her statement was recorded on which she signed and it was also signed by Chunnu Murmu (PW 2).

(3.) THE prosecution, in order to substantiate the charges, framed against the accused persons, examined altogether twelve witnesses. After considering the evidences, available on record, the learned Court below found both the appellants guilty and convicted and sentenced them, as mentioned above in paragraph No. 1.