SONU LAL MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since both the appeals arise out of judgment of conviction and sentence under Ss. 302/34 and 148 of the IPC passed in Sessions Trial No. 261 of 2001 / 107 of 2002, they have been heard together and will be disposed of by the common judgment.

(2.) Informant is the brother of the deceased. As per the FIR, on 30/3/1987, the informant- Ludu Baski had gone to attend the marriage ceremony in the house of his co-villager- Jitan. At around 10:00 p.m. on hulla, he came out of the house and rushed towards his house. He saw that, (i) Sunu Lala Murmu (ii) Sitaram Murmu (iii) Guna Murmu (iv) Sinan Murmu (v) Kakam Murmu (vi) Surun Murmu (vii) Dabu Murmu (viii) Dhari Murmu (ix) Shiv Lal Murmu (x) Sona Murmu (xi) Kamal Murmu were indiscriminately assaulting Pithu Baski with lathi and iron rod. On hulla, when the villagers started gathering there, the accused persons fled away. It is claimed that the accused persons were identified in the light of lantern. The genesis of offence has been stated to be land dispute. Pithu Baski sustained fatal injury and died on spot.

(3.) On the basis of the fardbeyan, Nala P.S. Case No.32/87 was registered under Ss. 148, 149 and 302 of the IPC against all the eleven named accused persons. After investigation, charge sheet was submitted and all the eleven accused persons were put on trial under Ss. 148 and 302/34 of the IPC. Two of the accused namely Kakam Murmu and Shiv Lal Murmu died during trial. Accused persons facing trial were convicted by the learned trial Court.