CHADRA MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment and order of conviction and sentence dated 27-11-2001, passed by Sri R.R. Verma, learned 1st AdditionalJudicial Commissioner, Khunti, in Sessions Trial No. 85 of 2003, arising out of Torpa P.S. Case No. 65 of 1981 (G.R. No. 595 of 1991), whereby and whereunder, appellant No. 1 Chadra Munda and appellant No. 3 Mansukh Munda have been convicted for the offences under Sections 148 and 323 of the Indian Penal Code and sentenced to undergo imprisonment for one year and six months respectively whereas appellant No. 2 Jaipal Munda has been convicted for the offence under Sections 147 and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six moths and six months respectively. All the appellants have further been convicted for the offence under section 302/149 of the Indian Penal Code and each of them have been sentenced to undergo imprisonment for life. The learned 1st Additional Judicial Commissioner, Khunti, has ordered that sentences in respect of each of the convicts on each count shall run concurrently.

(2.) The prosecution case has arisen on the basis of the fard-beyan (Ext. 4) of the informant Sahdeo Singh (P.W.. 5), recorded by J. N. Singh, S. I., Torpa Police Station, on 10-12-1981 at 5.30 a.m. at Village-Baski, Police Station-Torpa. The informant, son of deceased Budhnath Singh, has alleged that on 9-12-1981 at 3.30 p.m., appellant Chadra Munda, Mansukh Munda and two others, namely, Gopal Munda and Kapil Rawatia, who are now alleged to have died, along with 15 to 20 unknown persons, armed unlawful assembly, in search of Jyoti Singh and Kastu Singh. They were blaming jyoti Singh and Kastu Singh to have committed theft of he-goats. Budhnath Singh (deceased), father of the informant, in his Khalihan along with the informant was stocking the straws. Appellant Chadra Munda and Kapil Rawatia went there and took them towards north in the field of Baldeo Singh Rawatia, towards north of their house. The other assailants had already gathered there. There was commotion. Arjun Singh (PW-3) and villager Chadra Singh, Raghunath Singh, Rajendra Singh (PW-4), Kishore Singh and others also went there. No sooner than they had arrived at the P.O. field of Baldeo Singh Rawatia, brother of appellant Mansukh Munda, gave a Lathi blow on the head of Budhnath Singh, Appellant Chadra Munda and Mansukh Munda assaulted Budhnath Singh with Balua and Ballam, Budhnath Singh having sustained injuries due to Balua, Ballam and Lathi, fell down. Even then the other accused assaulted him. The informant Sahdeo Singh when went to save his father, appellant Mansukh Munda gave two blows with Lathi portion of Ballam on his head and left thigh. Again he gave Ballam blow on the left parietal region of the informant. They also assaulted Arjun Singh, Raghunath Singh and Chadra Singh with Lathi and Balua, causing injuries to them. When the informant's mother Balo Devi (PW 2) heard the alarm she went to the place of occurrence along with the villagers Suresh Singh, Paras Singh and others, who witnessed the alleged occurrence. The father of the informant remained at the place of occurrence whereas informant fled away to save his life. Again when the assailants fled away from the place of occurrence, he along with other villagers went there and saw his father Budhnath Singh dead.

(3.) After investigation, the Investigating Officer submitted charge-sheet against, these appellants and three others namely, Gopal Munda, Budhwa Munda and Kapil Rewatia, who having died after submission of chargesheet, the case against them was dropped.