MUNDRIKA SINGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence passed on 06/06/2003 and 07/06/2003 respectively, in Sessions Trial No. 131 of 2001, by the Sessions Judge, Palamau at Daltonganj, whereby and whereunder the trial Court having found the appellant guilty for committing murder of Fagu Singh, convicted him for the offence punishable under Sections 302 and 148 of the Indian Penal Code and, thereby, he was sentenced to undergo R.I. for life for the offence under Section 302 of the Indian Penal Code. Further he was sentenced to undergo R.I. for two years for the offence under Section 148 of the Indian Penal Code. Both the sentences were directed to run concurrently.

(2.) THE case of the prosecution, as has been made out on behalf of the prosecution, is that on 13/10/1998 at about 06.00 a.m., the informant (PW -7) left village alongwith his father Fagu Singh (the deceased) for watching his paddy field. In that course, when they reached near the house of the appellant Mundrika Singh, they saw Mundrika Singh, Ram Swaroop Singh, Sarju Singh and 5 more persons, named in the FIR as well as 10 -11 unknown persons, variously armed, coming out of the house of the appellant Mundrika Singh and started chasing them. He as well as his father ran away from there towards road where they surrounded his father Fagu Singh and assaulted him with 'Gandasa', 'Lathi' and 'Sword' as a result of which his father fell down and then the appellant chopped off the neck of his father. The informant having seen this, fled from there and came to Daltonganj where he met with Fauzdar Singh (PW -2) in the Court premises and told about the occurrence, where they had a discussion with the lawyer and then the informant (PW -7) and Fauzdar Singh (PW -2) came to a school where Krisna Singh (PW -1) had been a teacher and then all the three persons came to the place of occurrence and then went to the police station where the informant Arun Kumar Singh (PW -7) gave his fardbeyan (Ext. -2), on the basis of which a formal FIR was drawn against eight accused persons including the appellant Mundrika Singh.

(3.) THE matter was taken up for investigation by PW -10 Mokhtar Singh, who did visit the place of occurrence where he held inquest on the dead body and prepared inquest report (Ext. -5). During inspection of the place of occurrence, the I.O. seized earth smeared with blood under the seizure list (Ext. -4). The dead body was sent for Post Mortem Examination, which was conducted by Dr. N.C. Agarwal (PW -8) on 14/10/1998. The Doctor during Post Mortem examination did find the following injuries on the person of the deceased: - - Incised Wound