SAMBAT SINGH MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal at the instance of the appellants stands directed against the impugned judgment and order dated 12-4-1996 and 17-4-1996 respectively passed in S.T. No. 346 of 1994, Trial No. 119 of 1994 by Smt. Shakuntala Sinha, Additional Judicial Commissioner, Khunti (Ranchi) whereby and whereunder they were found guilty for the offence punishable under Sections 302/34 of the Indian Penal Code and they were convicted and sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution case has arisen on the basis of the written report (Ext. 2) of PW-3 Budhram Singh Munda, the informant, lodged before the Officer Incharge, Tamar Police Station on 17-11-1993 at 20.00 hours regarding the occurrence which is said to have taken place on that very day at 13.00 hours at Lawaikir, Police Station Tamar Sub- Division Khunti District Ranchi. Bansidhar Munda is the deceased in this case and he was engaged by the informant for cutting wood on the alleged day of the occurrence. A case was instituted by drawing of a formal FIR (Ext. 4) against the appellants on that very day at 20.00 hours. The written report and the formal FIR have been received on 22-11-1993 in the Court empowered to take cognizance.

(3.) The prosecution case, in brief, is that the informant went to the house of PW-5 Budhanlal Singh Munda at about 10.00 hours on 17-11-1993 with his bullock cart along with his labourers namely, Mahar Singh Munda resident of village Murgidih and Bansidhar Singh Munda (deceased in this case) resident of village Burukandey and the informant asked PW-5 Bhudhanlal Singh Munda to show the tree. It is alleged that PW-5 Bhudhanlal Singh Munda came to Lawaikir with the informant and his two labourers aforesaid to show the tree which was to be cut. It is alleged that the informant along with his two labourers cut the branches of the said Asan tree and loaded the wood on the bullock cart aforesaid. The prosecution case further is that all the appellants aforesaid along with co-accused Dolgovind Singh, Arjun Singh and Dubai Singh, all residents of village Barukandey came there variously armed with Lathi and Farsa and they asked the informant to stop the bullock cart and on query they told that they have some work with Bansidhar Singh Munda and they further asked the informant to proceed ahead with the bullock cart and at this the informant again asked as to what sort of work they have with Bansidhar Munda and at this co-accused Dolgovind Singh Munda uttered that Bansidhar Munda is to be done to death. It is alleged that that informant requested them to allow Bansidhar Singh Munda to go with him as he has employed him for the day for wood cutting but his request went in vain. The prosecution case further is that co-accused Dolgovind Singh Munda directed appellant Sambat Singh Munda to commit the murder of Bansidhar Singh Munda and at this appellant Sambat Singh Munda gave a blow on the neck of Bansidhar Singh Munda by Farsa as a result of which an injury was caused on his neck and thereafter the remaining appellants and other co-accused persons started assaulting him by Lathi and Farsa. It is alleged that the informant along with PW-5 Budhanlal Singh Munda and his labourers Mahar Singh Munda proceeded to their respective villages with the bullock cart and the informant narrated the incident to the residents of his village Barudih besides PW-6 Haldhar Hazam, the Chowkidar, going to his village Kurkutta and thereafter the informant along with the Chowkidar and some co-villagers came to the place of occurrence at Lawaikir and from there he went to the police station directing his co-villagers and the Chowkidar aforesaid to keep vigil on the dead body.