MANGAL SINGH MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Ms. Alpana Verma, learned counsel for the appellant and Mr. P.K. Appu, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 6/1/2007 (sentence passed on 8/1/2007) passed by Sri Rabindra Nath Tiwary, learned Additional Judicial Commissioner, (F.T.C.) Khunti in Sessions Trial No. 213/2001, arising out of Tamar P.S. Case No. 32/2000, corresponding to G.R. Case No. 210/2000, whereby and whereunder the appellant has been convicted for the offence u/s 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life along with a fine of Rs.50,000.00 and in default of payment of fine he has to undergo R.I. for one year.

(3.) A fardbeyan was recorded of Soma Munda in which it has been stated that on 7/4/2000 he along with his father, maternal uncle and brother had gone to Doria market for purchasing articles. When the informant, his father Choriya Munda, brother Kali Munda and his maternal uncle Birsa Munda were returning to their houses all of a sudden from the bushes emerged Etwa Munda, Mangal Singh Munda (appellant) and Bol Munda who were having Farsa and they started assaulting the father and brother of the informant. The informant and his maternal uncle started raising an alarm but the accused persons committed the murder of the father and brother of the informant. It has been alleged that his maternal uncle was also assaulted with a Farsa when he tried to save the other two victims but the blow was fended off by a lathi his uncle had in his position. It has also been alleged that Mangal Singh Munda had assaulted his maternal uncle with a lathi and thereafter fled away. The reason for the occurrence is a quarrel which had taken place between Lado Munda and others in which the informant figured as a witness.