DURU KHANDAIT ETC Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the Cr. Appeal No. 37/95 and Cr. Appeal No. 46/95 have been directed against the judgment and conviction passed by the learned Court below sentencing them to go R.I. for life for the offence punishable under Sections 302/34 and further to go R.I. for 6 months each for the offence punishable under Section 323 of the IPC. The learned Court ordered that both the sentences in respect of each convict shall run concurrently.

(2.) The prosecution story as per fardbeyan of the informant, Sonu Khandait. PW 11. is that on 29.7.1992 at 7 p.m. at village Ruia. his bullocks grazed the grass of Dublu @ Jhingru. appellant in Cr. Appeal No. 46/95 (R). Therefore. Dublu @ Jhingru and Duru Khandait. appellant in Cr. Appeal No. 37/95 (R). armed with lathies went to the house of the informant. Duru Khandait gave a lathi blow on his head. Both of them assaulted with lathi on both the legs of Kaya Khandait, Jema Khandait. Bhabhi of the informant and Parvati Khandait. Duru Khandait gave a lathi blow on the head and hand of Jema Khandait and Parvati. Bandhu Khandait. Jamuna Khandait and Sonali Khandait. PW 1. PW 5 and PW 6 respectively saw the alleged occurrence which took place only due to grazing of grass belonging to Dablu Khandait @ Jhingru Khandait.

(3.) The learned 4th Addl Sessions Judge. Chaibasa West Singhbbum. framed charges against both the. appellants under Section 302/34. IPC. for intentionally committing the murder of Jema Khandait and further charged under Section 307 read with Section 34 of the IPC for assaulting and injuring Sonu Khandait. PW 11. Kaya Khandait. PW 3 and Parwati Khandait, PW 2 in furtherance of their common intention to cause their death.