RAMASHRAY RAJWAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 21.11.2006 and the order of sentence dated 28.11.2006 passed by the then 4th Additional Sessions Judge, FTC, Garhwa in S.T.No.43 of 2004 whereby and whereunder the appellants as well as Ramashray Rajwar (died during the pendency of the appeal preferred by him) on being found guilty for committing murder of Rajnath Rajwar and also for making an attempt on the life of Punia Devi, mother of the deceased, convicted them for the offences punishable under Sections 302/34,307/34 and 326/34 of the Indian Penal Code and sentenced them to undergo imprisonment for life and to pay a fine of Rs.5000/ - for the offence under section 302/34 of the Indian Penal Code and further to undergo rigorous imprisonment for ten years and to pay a fine of Rs.2000/ - for the offence under Section 307/34 and also to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1000/ - for the offence punishable under Section 326/34 of the Indian Penal Code.

(2.) THE case of the prosecution is that on 3.6.2002 while the informant Asarfi Rajwar (P.W.3) after taking meal at 9 O'clock was sitting in his room along with his wife Punia Devi (P.W.1) and his son Rajnath Rajwar (deceased) was lying in the cot at the courtyard where Kamla Devi (P.W.2), daughter -inlaw of the informant and also his brother Mandeo Rajwar (P.W.10) and his wife Jhunia Devi (P.W.9) were there, the appellants as well as Mundrika Rajwar (died during the pendency of the appeal preferred by him) and also Bhupan Rajwar (since absconded) came and entered into the courtyard having farsa with them and started assaulting Rajnath Rajwar. On seeing this, when Punia Devi came to rescue her son, the appellants and others severely assaulted her and then fled away. Thereupon the informant and others started taking Rajnath Rajwar and Punia Devi to Ramna for treatment but in the way Rajnath Rajwar died. From Ramna the informant took his wife to hospital at Nagar. On the next morning, when the informant returned home, the police on getting information of the murder of Rajnath Rajwar came on 4.6.2002 and recorded the fardbeyan of the informant Asharfi Rajwar (P.W.3) at 7.15 a.m. where he stated about the incidence as has been disclosed above.

(3.) HE further stated that the appellants, who are agnates had committed such offence as there was land dispute and also on account of the fact that some days before, an altercation had been taken place in between the children of both the families during play of a game. On the basis of fardbeyan (Ext.1), a formal FIR (Ext.3) was drawn. The said Upendra Kumar Singh (P.W.11) himself took up the investigation. During which, he held inquest on the dead body of the deceased and prepared an inquest report (Ext.5). Upon holding inquest, the dead body was sent for post mortem examination which was conducted by Dr.Roshan Kumar Minz (P.W.12). Upon holding autopsy on the dead body of the deceased, doctor did find following ante mortem injuries.