ETWA MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal has been preferred under Sec. 374(2) of the Code of Criminal Procedure against the Judgment of conviction dtd. 30/5/2017 and Order of sentence dtd. 3/6/2017, passed by the District and Additional Sessions Judge-I, Khunti, in Sessions Trial Case No.466 of 2009, whereby, the appellant has been found guilty and convicted for the offences under Sec. 302 of the Indian Penal Code and upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life for the offence under Sec. 302 of the Indian Penal Code.

(2.) The prosecution case is based on the fardbeyan of Chaukidar, Muni Mirdha recorded on 16/12/2008 at about 11:45 hours before Officer-in-Charge, Arki Police Station that on 16/12/2008 the informant, in course of serving notices, went to village Rumchu, then the villagers told him that due to previous enmity Etwa Munda S/o Sukhram Munda, resident of village Rumchu Tola Rugaddih,, P.S. Arki, District Khunti had mercilessly killed Dulari Devi W/o Late Lalsoy Munda, her daughter-in-law Powline Nag and her one year old daughter at about 4:00 PM in the evening of 15/12/2008 by a sharp cutting weapon and had fled away. On such information, the informant went to the place of occurrence and had seen that many persons were present there and dead bodies of aforesaid three persons were lying there which sustained injuries of sharp cutting weapon. 2.1 It has been stated that as per villagers, elder son of deceased (Dulari Devi) namely Mani Ram Munda is out of State whereas her younger son, who lives with deceased, has fled away due to fear of accused Etwa Munda, and no other person is present in her house.

(3.) It has further been stated that the reason behind the occurrence, as per villagers, is that nearly one and half months back a goat of Dulari Devi has grazed Maduwa crop of accused and due to that there was enmity between both the families and for such enmity Etwa Munda had committed the murder through the sharp cutting weapon.