GEORGE LAKRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In all there are three appellants namely George Lakra, John Lakra and Maksi Marianus Lakra. John Lakra and Maksi Marianus Lakra are sons of George Lakra. Vide impugned judgement dated 23.07.2003 of learned Additional Distt. & Sessions Judge, Fast Track Court-II, Gumla, they stand convicted for the charge of section 302 read with section 34 IPC for allegedly committing the murder of two persons namely Tobius Lakra and Domnik Lakra (real brothers) and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2000/- each, in default thereof, further to simple imprisonment for a period of three months.

(2.) George Lakra and John Lakra are stated to be on bail as their substantive sentence was suspended by this Court vide order dated 25th August, 2014, whereas Maksi Marianus Lakra is stated to be in custody for the last about 13 years (exact period is 12 years 8 months and few odd days). Because of incarceration period of one of the appellants, priority has been given to the instant appeal.

(3.) The present case originates from F.I.R No.18/2002 registered in PS Raidih recorded at the statement of Jasinta Kujur, wife of Tobius Lakra, deceased herein. The date of occurrence is 4th July, 2002; time of occurrence is about 5.00 pm and the place of occurrence is village Bakashpur. The distance between the place of occurrence and the police station is 3 km. PW Jasinta Kujur alleged that on 4.7.2002 at about 5.00 pm, her husband Tobius Lakra and her brother-in-law (dewar) namely Domnik Lakra (other deceased herein) came to the house from Silam market and kept the vegetables which they had brought with them, and, thereafter, her husband went outside the house and entered into some discussion with accused John Lakra with regard to partition of jackfruit, (in vernacular dVgy Qy ds c WaVokjs dks ysdj ckrphr gqbZ At that time both were intoxicated and started shouting at each other ( in vernacular XXX XX XX She further alleged that it attracted them also and in the meantime, her brother-in-law Domnik Lakra (deceased) also reached there and while shouting at each other, her husband and her brother-in-law entered the house of accused George Lakra. It is then alleged that at that time accused Maksi Marianus Lakra, who was present there at some distance after hearing noise, picked up a heavy weight lathi out of anger and gave blow on the head of her husband and brother-inlaw, XX XX XX Blood started oozing from their head and then they fell on the ground unconscious and succumbed to injuries after sometime. It is then alleged that she and the wife of Domnik Lakra, reached the spot to save their husbands when accused Maksi Marianus Lakra gave them injuries but they ran towards the village out of fear. After sometime, villagers gathered at spot and all the accused by that time had fled away. The motive projected here is partition of land with regard to which some dispute was going on.