NIBHAY KERKETTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 24.4.2004 and order of sentence dated 27.4.2004 passed by the then Additional Sessions Judge, FTC -III, Gumla in S.T. No.150 of 2003 whereby and whereunder the court having found the appellants guilty for committing murder of Narmi Kerketta and Rafel Kereketta convicted them for the offence punishable under Section 302/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life.

(2.) THE case of the prosecution as has been made out in the Fardbeyan (Ext.4) is that on 12.1.2003 at about 8 a.m, Narmi Kerketta and Rafel Kerketta, mother and father of Jorry Kerketta, informant (P.W.3) had gone to the house of Rase Kerketta for making bundle of straw arranged. Both the appellants had also gone there. After the work was over, all the persons, who were engaged in arranging straw, were served with food and also with haria (rice beer). During that period, some altercation took place in between these two appellants on one hand and the deceased, on the other hand in relation to piece of land which was disputed. At about 4 p.m, Narmi Kerketta and Rafel Kerketta, mother and father of the informant left the house of Rase Kerketta for coming to their house. In that course, when they reached near the house of Rela Kerketta there they found Mangri Kerketta (P.W.2) and Sonamati Kerketta (not examined) sitting. Meanwhile, the appellants, Sawan @ Digu Kerketta and Nibhay Kerketta having knife and tangi respectively came there and started assaulting Rafel Kerketta. Upon seeing this, the informant and other persons, who were there started raising alarm but none of the persons residing in the nearby came over there to rescue Rafel Kerketta. Meanwhile, Rafel Kerketta fled from there. However, he was chased by the accused persons, who caught hold of him and started assaulting him with tangi and inflicting injuries by knife. They also assaulted Narmi Kerketta. The informant and other persons seeing the act of the appellants fled from there but after some time, when they came there, they found both of them dead.

(3.) INFORMATION of this occurrence when was received at Kamdara police station, the Officer -in -Charge, Ravindar Kumar along with Lalbabu Raut (P.W.7) came to the village on the next day i.e, 13.1.2003 at 5.30 a.m. where Officer -in -Charge, Ravindar Kumar recorded the Fardbeyan (Ext.4) of the informant Jorry Kerketta (P.W.3).The informant in his fardbeyan made statement that the appellants have killed his father and mother as there had been land dispute in between them.