SARDAR LIYANGI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS criminal appeal is against the order of conviction and sentence passed by Shri A.P. Ram. Additional Sessions Judge. Saraikella in S.T. No. 127 of 1991. against the appellants, namely. Sardar Liyangi and Horo Liyangi, whereby and whereunder. the learned trial Court held the appellants guilty of an offence under Section 302/34 of the Indian Penal Code and sentenced them to undergo R.I. for life.

(2.) THE prosecution case in short, is that on 23.7.1990 at about 12 p.m. at village Dubrajpur. PS - -Saraikella. District - -Singhbhum (West) when the informant Prabati Liyangi was sleeping in her house on a cot and on another cot her husband Dhupu Liyangi (deceased) and youngest son Choko Boyo Liyangi (PW 1) were sleeping and an earthen lamp was burning there and as it was a summer night, the door of the house was left open, both the accused person armed with sword entered into the house. The informant identified them in the light of Dhibri as well as in light of Torch. Those persons gave sword blow on the body of the husband of the informant and thereafter both accused persons threatened her that in case she would disclose their names to the police, they all would be killed and thereafter accused persons fled away.

(3.) DUE to fear no case was lodged by the informants husband. At the time of occurrence informants other sons were working at Tata. Informant sent message to them in the morning. She was in search of Mukhiya in the day but she could not meet him and thereafter she lodged FIR at about 4.30 p.m.