PACHE @ PACHCHEPALI KERAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These appeals arise out of judgment and order of conviction and sentence dated 14.10.2003 and 16.10.2003 respectively passed by learned Additional Sessions Judge, FTC1, Chaibasa, in Sessions Trial No. 83 of 2000 whereby all the appellants have been held guilty for commission of offences punishable under section 302/149 and 148 IPC and accordingly convicted under section 302/149 IPC and sentenced to undergo rigorous imprisonment for life and also to pay fine of rupees five thousand each and in default of payment, to undergo rigorous imprisonment for further six months. They are further sentenced to undergo rigorous imprisonment for one year for offences punishable under section 148 IPC. However, the sentences were directed to run concurrently.

(2.) Prosecution case, in short, is that Sanatan Kerai (PW3) lodged information with the Police that he learnt that his mother, wife and child have been killed. When he came to the village, he heard that in the last night, all the accused persons named in the FIR along with others, went to the house of the informant at about 10-11 p.m. and asked for liquor. When the informant PW3 came out of his house, he was caught by the accused persons and was taken towards the football ground. Sanatan (PW3) started crying. The accused persons killed PW3, his mother Kuni Kerai, his wife Gita Puspa Sundi and his two years old child Walter Kerai with sharp cutting weapons. The accused persons while committing murder of the deceased said that now the deceased would not be able to dispossess them from the land/field. The accused persons also looted house hold articles and the grocery shop situated in the house. There was a meeting in the village for continuing sports on the land of Sanatan Kerai, but he wanted to cultivate it and, in fact, he recently did cultivation and removed the goal posts (poles) fixed in the ground, where the accused persons used to play football.

(3.) On the basis of the said fard beyan of the informant PW3, Toklo PS Case No. 124 of 1999 was registered. After investigation, charge sheet was submitted against all the accused appellants who faced the trial and were convicted as aforesaid.