LABAI KISKU Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction dated 22.8.1996 and sentence dated 27.8.1996 passed by Shri Mahesh Prasad Tiwary, learned 5th Additional Sessions Judge, Dumka in Sessions Case No. 122 of 1994, whereby and whereunder ail the appellants have been convicted for the offence under Sections 302/34 IPC and sentenced to undergo imprisonment for life. He further convicted the appellants for the offence punishable under Sections 323 and 542 IPC and sentenced each of them to undergo R.1. for one year each on each count. The learned 5th Additional Sessions Judge, Dumka directed that all the sentences in respect of all the appellants in each count shall run concurrently.

(2.) THE prosecution case has arisen on the basis of FIR (Ext.1) lodged by Sonadhan Soren (PW -9) on 2.2.1994 at 11.30 am alleging therein that on Tuesday i.e. 1.2.1994, Dhena Soren (PW5) and his wife Parvati Murmu (PW3) picked up quarrel regarding domestic affairs. Both of them went to village Pradhan Gudui Marandi (PW4) to solve their differences. Village Pradhan (PW4) assured them to settle the dispute in the next morning. Both of them returned home. Thereafter at 7.00 p.m. on the same day, appellant NO.3 Surja Kisku of Kalaibari went to the home of Dhena Soren and inquired as to why he had picked up a quarrel with his wife PW3 Parvati Murmu. He abused Dhena Soren.

(3.) THE learned 5th Additional Sessions Judge, Dumka relied the evidence of the closely related witnesses before whom they have claimed that deceased Pikru Kisku disclosed the names of the assailants on her person which is the oral dying declaration made by Pikru Kisku to her close relatives. He also believed the evidence of injured witnesses -PWS Dhena Soren and PW8 Lalu Tudu. He found the manner of occurrence as alleged that appellant Surja Kisku assaulted with iron rod piercing on the abdomen of Pikru Kisku, whereas the others assaulted with lathi finds corroboration by the medical evidence of PW11 Dr. S. Murmu and from injuries sustained by PW5 and PW8 corroborated by Dr. Ajit Kumar (PW12) and, convicted all these appellants and sentenced them for the offences charged against them. He did not find the evidence for conviction against accused Dilip Kisku and Shibu Hansda. Hence they were acquitted.