KONTA MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. B.K. Dubey, learned counsel for the appellants and Mr. Vishwanath Roy, learned Spl. P.P. for the respondent-State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 6/3/1998 (sentence passed on 7/3/1998) passed by Shri R.N. Verma, learned IInd Additional Judicial Commissioner, Khunti, in Sessions Trial No. 166/1997/G.R. No. 576/1996, whereby and whereunder the appellants have been convicted for the offence punishable u/s 302/34 of the IPC and have been sentenced to undergo R.I. for life.

(3.) The prosecution case arises out of the fardbeyan of Budhram Pahan, in which, it has been stated that on 21/9/1996 at about 8:30 P.M. his son Pandu Pahan went to the paddy field to irrigate the land by taking water from a nearby pond. The informant after sometime proceeded for the same place and when he reached near the field he saw in moonlight the named accused persons variously armed chasing his son in order to kill him. The informant had hid himself behind the bush and had witnessed the occurrence. It has been alleged that when his son reached the field of Devi Dayal, the accused persons intercepted him and committed assault on him after which they fled away. When the informant went to the field of Devi Dayal he found his son lying dead with multiple injuries on his person. The reason for the occurrence is that 15 days back his son was threatened by the accused persons on account of a land dispute.