JAGGA BHUIYAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ALL the four accused namely Krishna Bhuiyan, Jagga Bhuiyan, Keshwar Bhuiyan and Suresh Bhuiyan stand convicted vide impugned judgment of learned 3rd Additional Sessions Judge, Palamau under Sections 302/34 of the Indian Penal Code and sentenced to undergo life imprisonment. Krishna Bhuiyan, Jagga Bhuiyan and Keshwar Bhuiyan are stated to be in custody, out of which, Krishna Bhuiyan has undergone the maximum period of substantive sentence i.e.15 years 10 months and 26 days, whereas Keshwar Bhuiyan 13 years 6 months and Jagga Bhuiyan 11 years and 10 months. However, Suresh Bhuiyan is stated to be on bail as his substantive sentence has already been suspended by the Court.

(2.) WE are giving priority to only those criminal appeals in which the appellants -convicts have undergone more than 10 years of their substantive sentence.

(3.) IN short, the case of the prosecution as one finds from the Fardbeyan (initial statement) of P.W. -Kaily Devi recorded on 28.11.1994 at 22:00 hours (10:00 P.M.) is that on the fateful day, she was going to sleep in her house along with her family members. When at about 8:00 P.M., she heard that somebody was trying to open the door and was calling her husband which made them afraid. It is then her case that her husband told her that the voice was of Krishna Bhuiyan, the accused herein and they did not open the door. When the door was not opened by them, Krishna Bhuiyan said that they were not opening the door and asked Jagga Bhuiyan to open the door by his foot (in vernacular "LAAT SE MARKAR DARWAJA TOD DO"), upon which they started pushing the door with their legs, as a result the hook of the door got broken. It is then her case that in Dhibri light (light emanating from a traditional kerosene lamp) she saw that Krishna Bhuiyan, Jagga Bhuiyan and Keshwar Bhuiyan were armed with Tangi and they caught hold the deceased who was sleeping on a cot and took him outside of the house. Krishna Bhuiyan and Jagga Bhuiyan said that their ancestral land has gone into dam and asked for their share from the remaining land, upon which her husband said that the land would be partitioned later, upon which Suresh Bhuiyan started assaulting him with Lathi. When she went to rescue, he (Suresh Bhuiyan) gave two lathi blows on her waist and pushed her and her son aside. When her husband raised an alarm, Krishna Bhuiyan and Jagga Bhuiyan told that they would finish him that day, upon which Krishna Bhuiyan, Jagga Bhuiyan and Keshwar Bhuiyan started assaulting him (in vernacular "ANDHADHUNDH MAARNE KAATNE LAGE"). Consequently, her husband fell on the ground. Resultantly, his neck was cut from front side and blood started oozing from there. Krishna Bhuiyan said that he has died and then they fled away from the place of occurrence. It is then her case that she reached near the dead body and saw injuries on different parts of the body of her husband who had died at the spot itself.