SHIV LOCHAN MACHHUA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State. 1. The instant criminal appeal is preferred on behalf of the appellants against the impugned Judgment of conviction dtd. 4/6/2015 and Order of sentence dtd. 5/6/2015 passed by the First Additional Sessions Judge, Seraikela in Sessions Trial No.51 of 2011, whereby, the appellants have been convicted for the offence under Ss. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life along with fine of Rs.5,000.00 each and in default of payment of fine, the appellants were directed to undergo rigorous imprisonment for six months.

(2.) The brief facts giving rise to this criminal appeal are that the informant--Vishnu Gope lodged the written information with the police station concerned with these allegations that on 23/12/2009 at 6 o' clock in the evening after the result of election he was coming back to his house with the victory procession from Seraikella by the bolero car bearing registration no. WB 2 G 7943 in which Chittranjan Kumar @ Chottu, Dhananjay Kumar @ Dhanu and Kalipado Kumhar, Ram Prasad Mahato, Viswanath Lohar and Khelu Kumhar were boarding and when they reached near Lapang More, one bolero bearing registration no.JH 05 W 2825 and one white colour scorpio, both car overtook them and their vehicle was obstructed by them. At the same time, Shakti Mahato, Mangal Singh Munda, Dharni Singh, Prayag Mahato and 10-12 other aide armed with weapons such as farsa, axe, danda, rifle, pistol and hockey stick began to assault. In the meantime, they also opened fire while assaulting. The informant with fear hid himself in the drain and two persons got the narrow escape. Mangal Singh Munda assaulted Chittranjan Kumhar @ Chottu with farsa. Shakti Mahto also opened fire on him. Kalipado Kumhar, Ram Prasad Mahato and Dhananjay Kumhar all were assaulted with lathi, danda, hockey and also shot with bullet. Thereafter they began to load the dead bodies one by one in the car and left the dead body of Chitranjan Kumhar @ Chottu at the place of occurrence. Being in hurry he reached to the village and informed in regard to the occurrence to the co-villagers and the co-villagers took Chittranjan Kumhar to T.M.H., where he was declared dead. This occurrence was politically motivated.

(3.) On this written information, the Case Crime No. 11 of 2009 was registered with the police station Tiruldih under Ss. 147/148/149/302/201/120-B of the Indian Penal Code against Shakti Mahato, Mangal Singh Munda, Dharni Singh, Prayag Mahato and 10- 12 unknown persons who came by the Bolero bearing registration no.JH 05 W 2825 and also a white Scorpio. The Investigating Officer concluded the investigation and filed charge-sheet against Pramod Mahato, Tension Kumar Sinha, Ram Singh Rajak, Anil Gope, Mangal Singh Munda and Shivlochan Machhua @ Lutra for the offence under Ss. 147, 148, 149, 302, 201, 120-B of the I.P.C and 27 of the Arms Act. The concerned Magistrate took cognizance on the charge- sheet and committed the case for trial to the court of Sessions Judge, Seraikella.