JAGGU SOREN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellants- Jethun Soren and Simon Soren are in appeal before this Court against the judgment of conviction and sentence passed under Sec. 302 of the IPC, whereas Jago Soren and Mangal Soren under Ss. 302/149 of the IPC.

(2.) As per the prosecution case, on 18/10/1981, uncles of the informant namely Bibhuti Mandal, Banarsi Mandal, Kschir Sagar Mandal, Jagdish Mandal and Satyanarayan Mandal had gone to village Bhurundia for harvesting paddy crop. Informant had followed and joined them near the river. On the approach of the informant party, local Santhal tribal assembled by beat of drum armed with bows, arrows, axe etc. and called on to kill them. At this, informant and his uncles started fleeing, who were pursued by the assemblage. It is alleged that Jethun Soren struck Bibhuti Mandal with arrow and thereafter, Simon Soren also struck him by arrow. Banarsi Mandal was also struck with arrow by Jethun Soren and Simon Soren. When both of them fell down, the informant, Jagdish and Satyanarayan saw from distance, that they were hacked to death by accused persons. Jethun Soren also assaulted him with a big piece of stone and an axe. Chowkidar of the Village, Ramjeevan Roy, gave water to the deceased- Bibhuti Mandal.

(3.) On the basis of the statement of the P.W. 8, case was registered against the above four named accused persons and Pagla Soren and Rohra Soren under Ss. 147, 148, 149, 324, 302, 323/34 of the IPC. Police on investigation submitted charge sheet and the accused persons were put on trial. Altogether 12 witnesses were examined on behalf of prosecution and relevant documents including post-mortem examination report, have been adduced into evidence and marked as Exhibit 1 ' 9.