NEDEY BIRUA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) . Heard Mrs. Gouri Devi, learned counsel for the appellant and Mrs. Nehala Sharmin, learned A.P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 31/5/2012 (sentence dtd. 1/6/2012) passed by Sri Ghanshyam Kumar Mallik, learned Additional Sessions Judge-I, Singhbhum (West) at Chaibasa in Sessions Trial No. 250 of 2001(S), whereby and whereunder, the appellant has been convicted for the offence punishable u/s 302/34 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment (R.I.) for life.

(3.) A Fardbeyan of Indira Birua was recorded on 4/10/2000 at 9 a.m. in which she has stated that a day before she had come to Langra Hat with her husband and when both were returning back to their home in the evening they found Nedey Birua (appellant), Kiti Birua and Pradip Das standing with bows and arrows. On seeing her husband they started raining arrows and two of the arrows struck her husband on his stomach and left rib and he fell down. It has been alleged that when the husband of the informant fell down a third arrow was shot at his head. When she started raising an alarm, several persons including Janak Bage, Mihir Birua arrived at the scene at which the accused persons fled away. Her husband was carried by Janak Bage, Mihir Birua and others to the house of the village Munda Motilal Birua and kept in the courtyard. In spite of best efforts no vehicle could be arranged for transporting her husband to the hospital and ultimately he succumbed to his injuries.