MURLI MARANDI AND ORS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellants Murli Marandi, Som Tudu and Sukal Tudu (hereinafter to be referred to as 'accused'), all residents of Village Chota Sarwapani, P.S. Kathikund, District - Dumka, after suffering conviction vide impugned judgment of learned Additional Sessions Judge 2nd, Dumka dated 30th April, 2003 for the offence under Sec. 302/34 IPC, are praying for acquittal through the medium of the instant appeal. Since all the three accused are languishing in jail for last more than 13 years, priority was given to this appeal by us.

(2.) Ms. Amrita Banerjee has been appointed as Amicus Curiae to defend the case of the accused.

(3.) There are two deceased in this case Nandi Murmu and Mangal Murmu. The occurrence is of 01.01.2002 at about 4.00 p.m. Police was informed of the occurrence on same day at 9.00 p.m. by PW Gumni Tudu (PW-2) alleging therein that at 4.00 p.m. she and her daughter-in-law were doing work in their house and her son Mangal Murmu and her husband Nandi Murmu were near the door of the house when they heard a noise from the Aangan (courtyard) of accused Murli Marandi and thereafter she (Gumni Tudu) went there and saw that a fight was going on between accused Murli Marandi and Mangal Murmu. At that time, remaining two accused namely Som Tudu and Sukal Tudu were also there. The informant further alleged that accused Murli Marandi grounded her son Mangal Murmu and started assaulting on his chest with Fasli (sharp edge weapon) and that Som Tudu and Sukal Tudu assaulted Nandi Murmu with their respective lathies resultantly they died. She further alleged that she was also assaulted by accused Som Tudu with lathi whereupon she got head injury and then she ran away from the scene of occurrence. The cause projected for this occurrence is pendency of a case between the informant's family and accused Som Tudu and Sukal Tudu. On account of old enmity, the accused killed her husband and son.