GUNJA KUMHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the appellants named above against the judgment dated 15.9.1990 passed in Sessions Trial No. 390 of 1988 by Sri Jiwan Tigga, 2nd Addl. Sessions Judge, Singhbhum at Chaibasa whereby and whereunder all the appellants named above were found guilty for the offence punishable under Sections 302/149, 435/149 and 148, IPC and they were convicted and each of them sentenced to undergo R.I. for life, five years and two years respectively. However, the sentences were ordered to run concurrently.

(2.) The prosecution case has arisen on the basis of the fardbeyan (Ext. 1) of PW 9, Durgho Kumhar, the informant, recorded by S.I., R.G. Laheri, O.C. Sonua, P.S. in the P.O. village Tujur on 17.3.1988 at 7 a.m. regarding the occurrence which is said to have taken place on 14.3.1988 between 6. p.m. and 7 p.m. in village Tujur, P.S. Sonua, District Singhbhum.

(3.) The prosecution case, in brief, is that Kumari Sukru Kumharin, aged about 20 years, the daughter of his sister Rengrai Kumharin, had gone to the market for making purchase at 6 p.m. on 14.3.1988 and when she was returning to her house from the market appellant Mahabir Barik, Binda Kumhar, Gunja Kumhar, Birsa Kumhar, Debra Kumhar and Raitu Kumhar surrounded her and they were armed with tangi and balua and they have committed her murder in the field in front of the house of the informant. It is alleged that he has seen the occurrence on her alarms and at this they entered into the house of his widow sister Smt. Rengrai Kumharin and they have also committed her murder. The prosecution case further is that on the alarms raised by him and his family members all the appellants aforesaid entered into his house and they damaged the entire household effects of the house and set them on fire and the value of the aforesaid household effects, is around Rs.2,000/- which has been destroyed by the appellants. It is also alleged that the entire occurrence aforesaid has taken place between 6 p.m. and 7 p.m. The prosecution case further is that the informant along with his family members any how managed to came out of his house and took shelter in the house of Jai Masi Barjo, the Munda of the village. It is also alleged that this occurrence has been witnessed by PW 10, Chumnu Kumhar, PW 11, Ram Kumhar, PW 7, Birsi Kumharain and PW 8, Puso Kumharain, who are his sons, his wife and his daughter-in-law respectively. The genesis of the occurrence as averred in the fardbeyan is that the wife of appellant Gunja Kumhar had died of illness and absconding accused Anu Kumhar and Jhon Kumhar, who are the exorcists in the village, have told appellants Gunja Kumhar and Raitu Kumhar that cause of the death of the wife of the appellant Gunja Kumhar is the witchcraft practiced by Rengrai Kumharin, the sister of the informant, and due to that they have committed the murder of both the deceased and set fire in the house of the informant. It is also alleged that in the year 1981 appellants Gunja Kumhar and Birsa Kumhar had also committed the murder of his son Manngo Kumhar and a case in respect thereof is still sub-judice.