YUGAL MUNDARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction dtd. 15/2/2011 and the order of sentence dtd. 22/2/2011 passed by the learned Additional Sessions Judge, F.T.C.-V, West Singhbhum in Sessions Trial No. 182 of 2007, whereby the learned trial Court has convicted the appellant under Ss. 304 Part-II and 324 of the Indian Penal Code and sentenced him to undergo RI for seven years for the offence under Ss. 304 Part-II of the Indian Penal Code. There was no separate sentence under Sec. 324 of the Indian Penal Code.

(2.) The brief facts of the prosecution case leading to this Criminal Appeal are that Sanjay Soy and Lakhindra Sawasi both being the student of Class-X were studying at Laxmi Narayan High School, Murhu. Both were residing in the hostel of their school. It is alleged that on 2/5/2007, both left their village at 11:00 O'clock of day time to go their school by their bicycle. At about 02:00 pm, they reached at Bandgaon market, where they met their classmate Binod Soy (victim-deceased). Binod Soy insisted them to stay with him in the night at village Bandgaon under Taladih Tola to the house of his beloved Palo Mundari. The FIR reveals that there was intimate relationship visiting terms and love affairs between Binod Soy and Palo Mundari. On being insisted by Binod Soy, his friends Sanjay Soy and Lakhindra Sawasi also followed him and reached at Talidih Tola of village Bandgaon. On reaching there, Binod Soy alone went to the house of Palo Mundari; while his two friends Sanjay Soy and Lakhindra Sawasi both stayed at the western side of kaccha road. Binod Soy brought two bedsheets and towels in order to sleep. About 08:30 O'clock at night, Palo Mundari came there and insisted all of them to go to her house. In the meantime, one Singi Mundari, who was the friend of Palo Mundari along with grandmother of Palo Mundari, namely, Mela Mundari came there. Thereafter, Binod Soy and Singi Mundari both proceeded near the bushes and indulged in conversation to each other at the lonely place of agricultural field. In the meantime, Palo Mundari went along with his grandmother, namely, Mela Mundari to her house to bring dinner for them. It was 11:00 O'clock of night. After half an hour at 11:30 pm, one Bishram Budding, son of Singi Mundari's elder sister came there and having seen Singi Mundari sitting with Binod Soy, he reported the same to her brother Yugal Mundari. Yugal Mundari came there along with Bishram Budding within no time. Yugal Mundari armed with knife in his hand asked his sister Singi Mundari why she was sitting with Binod Soy at isolated place. On being dissatisfied with the explanation given by his sister Singi Mundari and Binod Soy, Yugal Mundari became infuriated and he inflicted a knife blow on the chest of Binod Soy; while Bishram Budding also assaulted him with elbow and fist. Yugal Mundari also inflicted injury to his sister Singi Mundari and he forcibly took her back to his house. This fardbeyan was given by Sanjay Soy, the informant. The informant and his friend Lakhindra Sawasi both took Binod Soy for treatment to the local doctor, who was not found available. Ultimately, they took Binod Soy by a Jeep to his house in village Kochang. On reaching to the house of injured in the morning at 03:00 am, within half an hour thereof Binod Soy succumbed to the injuries, hence the FIR was lodged.

(3.) On this written information, FIR No.20 of 2007 was registered against the accused Yugal Mundari and Bishram Budding for the offence under Sec. 302 read with Sec. 34 of the Indian Penal Code with the police station concerned.