TURU @ GURUA MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY the Court. - The Cr. Appeal No. 123/95R and Cr. Appeal No. 141 of 1995R, which arise out of the same trial, are taken together and are being disposed of by this common judgment.

(2.) THE prosecution case, shortly stated, is that on 30.8.1993 at about 10.00 p.m. Mangla Devi, PW. 5, went to P.S. and made a statement that at about 5.30 p.m. in the evening when her husband Mangal Singh Munda (deceased) was coming from the field and when she went to tie her goat in her old house, at that place Shankar Singh Munda and Turu @ Gurua Munda of village Daruhatu (both appellants of Cr.A No. 123/95R) came and caught hold of her husband from behind and took him near the house of Lakhi Ram Barai PW. 1 and then she ran towards them asking as to why they were taking away her husband. In the meantime, Chamar Singh Munda, Ranjit Singh Munda and Daru Singh Munda (appellants of Cr.A No. 141/95R) armed with Pharsa came from behind and Chamar Singh Munda pushed the informant down and then she fell down, they started assaulting her husband by pharsa on his head and when her husband fell down. Even after his falling down on the ground, the assailants kept on assaulting on head and when the husband died, all the accused persons started dragging the dead body of her husband and again the informant started crying then the people from neighbourhood came there running and then the accused persons fled away, leaving the dead body of her husband. The cause of the murder, according to her, is that Chamar Singh Munda and his brothers had a long litigation with regard to some land and that had led to many litigations in which the informant has been victorious, because of this the appellants were annoyed and pained. Consequently in order to grab the land of the informant, they after deliberation had caught the husband of the informant from behind and after assaulting him with Pharsa had killed. Shankar Munda and Turu @ Gurua fv1unda both were relations of Chamar Singh Munda. One Jagmohan Hazam, P.W 6, of village Barauhatu and Lakhi Ram Baraik, P.W 1, of her village and many others had seen the occurrence. This fardbeyan, according to the informant, P.W 5, was recorded at the P.S.

(3.) IT transpires that during the course of investigation, on 31.8.1993, some blood stained soil was seized, vide Ext. 1 and 3. Inquest report was also prepared near the house of Rush Munda, vide Ext. 3/1. Postmortem was conducted on the dead body by P.W. 10 who also proved Ext. 5 postmortem report.