KONDA KHARIA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Two persons, namely, Budhram Kharia and his father- Konda Kharia, the appellants herein ( for short to be referred as accused) faced charge of Section 302/34 IPC for allegedly committing murder of one Etwa Kharia, husband of PW-8-Ratni Devi on 8th November, 1995 at about 4.00 p.m. in village Ambaatoli, falling within the jurisdiction Palkot. Both stand convicted for the said charge vide impugned judgment of conviction dated 27.9.2002 and sentenced to undergo rigorous imprisonment for life.

(2.) Budhram Kharia, the co-convict to the present accused, filed his separate appeal being Cr. Appeal(DB) No. 815 of 2000, which stands disposed of by the Coordinate Bench of this Court, vide order dated 20th February, 2014, as by that time Budhram Kharia had already served his entire substantive sentence and released from jail as indicated in the said order. The present accused however was on bail during the trial and after his 2. conviction also his substantive sentence was suspended. However, when on one date, when the appeal was to be taken up for its consideration, he absented himself resulted into forfeiture of his bail bonds. He subsequently surrendered, as such in custody for the last more than five years.

(3.) Prosecution swung into action on the statement (Fardbeyan) of PW-Ratni Devi, wife of the deceased, who within three hours of the occurrence lodged the report with the concerned police alleging that she along with her husband- Etwa Kharia(deceased)were going to the house of their daughter at Badhia Bandh Toli and when they reached near the house of Maku Kharia, she stopped for urinating and her husband went ahead and reached near a mango tree situated in the fields of Madho Sao. It is then alleged that after urinating, she was also going towards that side and saw that Budhram Kharia- co-accused came running and assaulted her husband with a Tangi(sharp edged cutting weapon) which he was having in his hand. He gave injuries on the neck of the deceased, who fell down on the ground. It is then alleged that before she could reach near her husband, another Tangi blow was given by Budhram Kharia on the neck of her husband and thereafter he fled away. She raised noise( in common parlance Hulla) which attracted Sanjo Kharian( wife of real younger brother of the deceased) and Poonam @ Birsi Kumari, who were incidentally working near the house and reached the spot. Etwa Kharia died at the spot. Motive projected for this occurrence is land dispute between the deceased and accused- Budhram Kharia.