HARI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant nos.1 and 2 have died and the Criminal Appeal on their behalf has abated vide order dtd. 24/10/2024 and hearing of this appeal is confined to appellant nos.3 and 4 namely Yogendra Basmahali and Govind Basmahali.

(2.) Appellants are before this Court in appeal against the judgment of conviction and sentence under Ss. 302/149 of the IPC.

(3.) Informant is the younger brother of the deceased and on his statement recorded on 28/12/1989 at 11 O"clock in night, the case was registered. As per FIR, on the said date at 5:30 p.m., informant was returning with his elder brother- Lil Mohan Munda (deceased) from Humta Bazar. His another brother- Chhotan Munda was also following them. At 5.30 p.m., when they reached near the pond of Bahadih Simama, then both these appellants and three others surrounded his elder brother, assaulted him with lathi and Baluwa and caused his death. Haricharan Singh Munda was wielding a Baluwa (pointed weapon) by which he inflicted injury over the head of the deceased and other part of the body. Other four accused persons also assaulted him causing fatal injury. They also tried to assault the informant but he somehow made good his escape. Younger brother of the deceased- Chhotu Munda has also witnessed the incidence.