STATE OF JHARKHAND Vs. ANJLUS DUNGDUNG

JUDGEMENT

(1.) DEATH Reference No. 1 of 2003 along with Cr. Appeal Nos.345 and 347 of 2003 arise out of the common judgment and order of conviction and sentence dated 1.2.2003 and 3.2.2003 respectively, passed by Sri Satyendra Kumar Singh, learned Additional Sessions Judge, Simdega, in Sessions Trial No. 78 of 1999, arising out of G.R. No. 296 of 1998, whereby and whereunder, the learned Additional Sessions Judge has convicted all the appellants, namely, Anjlus Dungdung (appellant in Cr. Appeal No. 345 of 2003), Rajesh Yadav, alias Raju Gwala and Silwester Dungdung (appellants in Cr. Appeal No. 347 of 2003) under Section 302/120 -B of the Indian Penal Code for committing murder of Benetik Dungdung, his wife Martha Dungdung, three sons namely, 1. Surendra Dungdung, aged about 12 years. Anil Dungdung aged about 6 years, Amit Dungdung, aged about 3 years, and one daughter Elizabeth Dungdung, aged about 10 years.

(2.) AFTER hearing on the quantum of sentence, appellant Anjlus Dungdung was sentenced to be hanged by neck till death, with a fine of Rs. 2500/ - whereas appellant Rajesh Yadav alias Raju Gwala and Silwester Dungdung (appellants in Cr. Appeal No. 347 of 2003) have been sentenced to undergo rigorous imprisonment for life under Section 302/120 -B of the Indian Penal Code with a fine of Rs. 2500/ - each, in default to undergo rigorous imprisonment for six months. Since Death Reference No.

(3.) THE prosecution, in support of its case, has examined altogether 22 witnesses. PW 1 Silas Kerketta is not an eye -witness, as he was informed by the informant Kajmir Kerketta about the alleged murder. Similarly PW 2 Fransis Kerketta, PW 3 Albinus Kerketta. PW 4 Patrik Kerketta and PW 5 Bhinsent Kerketta are hearsay witnesses, as they were informed by the informant (PW 19) about the alleged murder. However, PW 18 Vincent Toppo had seen appellant Anjlus Dungdung at Simdega 5/6 days prior to the alleged occurrence. PW 7 Abinash Topno is a seizure list witness in respect of recovered letters. PW 6 Johan Kullu and PW 15 Julias Dungdung are hostile witnesses. PW 8 Radha Prasad Sao is also a seizure list witness in respect to seized Tangi, Balua and other material exhibits. PW 9 Laxmi Nath Tirkey is also hearsay witness, who came to know about the occurrence on being informed by the informant and is also a seizure list witness in respect of the seized blood stained cloths. PW 10 Johnson Minz is also a seizure list witness in respect of the seized underwear, chadar and blood stained soil etc. PW 11 Walter Kerketta has proved the letter, written by appellant Anjlus Dungdung, addressed to his brother Jawakim. PW 12 Mariyanus Dungdung was informed by Kajmir Kerketta (PW 19) about the murder whereas Vincent Toppo (PW 18) has informed him regarding the presence of appellant Anjlus Dungdung at Simdega 5/6 days prior to the alleged occurrence. PW 13 Govind Sao is a seizure list witness regarding the seized railway ticket and knife. PW 14 Benjamin Kullu is a hostile witness but has deposed that he was informed by witness Kajmir Kerketta regarding the recovery of knife and ticket. PW 16 Dr. Ajit Kumar Agrawal, PW 17 Dr. Kameshwar Nath Tiwari, PW 21 Dr. Nawal Kishore Sinha and PW 22 Dr. A.D.N. Prasad are the witnesses, who have conducted autopsy on the six dead body. PW 18 Vinsent Toppo was also informed by PW 1 Silas Kerketta that there was land dispute in between the appellants and the deceased. Moreover he had seen Anjlus Dungdung at Simega near the market complex. PW 19 Kajmir Kerketta is the neighbour of deceased Benedik Dungdung, who informed the villagers about the murder of entire inmates of the family of Benedik Dungdung, due to land dispute, pending since 1993. PW 20 Subhodh Kumar Jaiswal is the IO of this case. The learned Additional Sessions Judge, Simdega, considering the circumstantial evidence, corroborated by the village independent witnesses, supported by the medical evidence and the IO has convicted the appellants and sentenced them thereunder.