MAHENDRA SINGH MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the criminal appeals arise out of the conviction and sentence dated 9.1.1998 and 12.1.1998 respectively passed by the learned Additional Judicial Commissioner -II, Khunti in Sessions Trial No. 40 of 1997 (G.R. No. 149 of 1996). Hence, both the appeals were heard together and are being disposed of by this common judgment of this Court.

(2.) ALL the five appellants of both the appeals were convicted by the learned Court below under Section 302/34 IPC and sentenced to undergo imprisonment for life. Being aggrieved by the said order of conviction and sentence, the appellants have preferred these appeals.

(3.) ALL the appellants were charged under Section 302/34 IPC. The prosecution examined 9 witnesses in order to bring home the charge leveled against the appellants. PW 1 (informant) and her mother Samualla Devi (PW 4) rushed to the khalihan when informed by PW 2 Birendra @ Devendra Munda that his father was dragged out of the straw -made hut on the khalihan and outside the straw -made hut, he was given Dauli blows. They rushed there and saw all the appellants fleeing away towards north. PW 2 Birendra @ Devendra Munda is the son of the deceased and the only eyewitness. PW 5 Jagarnath Mahto of village Jojohatu is tendered witness. PW 6 Mahesh Mahato of Jojohatu on 14.3. 1996 when called by PW 4 Samualla Devi went to her house and saw the dead body of Dalgovind Singh Munda. This witness was declared hostile by the prosecution. PW 7 Dubraj Singh Munda of the same village has deposed that PW 4 Samualla Devi had no son except the only daughter Churamani Devi (PW 1). So she had kept her daughter (PW 1) and son -in - law (deceased) in her house as gharjamai. He was looking all the agricultural works of PW 4 Appellants Mahendra Singh Munda, Rajendra Munda, Gurwa Munda, Jiv Lal Singh Munda and Fagu Singh Munda were threatening Dalgovind Singh Munda to kill him so that Samualla Devi may not transfer her lands to him and his wife (the informant). This witness PW 7 was informed by PW 4 that the appellants murdered Dalgovind Singh Munda on the khalihan. When he went there, he saw the dead body of Dalgovindsingh Munda in front of the gate of hutment on the khalihan. PW 8 Budhan Lal Singh Munda of Sinduari village is the brother - in -law of the informant. On information on 15.3.1996 he went to village Jojohatu and thereafter he went to Police Station and took the police to village Jojohatu. He saw the dead body of DalgovindSingh Munda where the police prepared inquest report on which he signed (Ext. 2/1). He was informed by Samualla Devi (PW 4) that due to enmity, these appellants murdered Dalgovind Singh Munda. PW 9 is the D.N. Saha, I.O. of this case, who after investigation submitted charge -sheet against all the appellants. The learned Additional Judicial Commissioner - II, Khunti relied the evidence of PW 2 Birendra @ Devendra Munda which was corroborated by PW 1, his mother, and PW 4 his grand mother, before whom deceased Dalgovind Singh Munda had made extrajudicial confession that these appellants injured him with Dauli and on being convinced on the testimony of sole eyewitness PW 2, disbelieved minor contradictions which were found in the evidence of PW 3 Dr. Lalita Verma who conducted post mortem examination on the dead body of Dalgovind Singh Munda and the evidence of PW 9 D.N. Saha; I.O. who was virtually gained over by the defence, convicted these apoellants under Section 302/34 IPC and sentenced each of them to undergo imprisonment for life.