BABURAM SOREN AND ORS. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 17.12.2003 passed by the 1st Additional Sessions Judge, Pakur, in Sessions Trial No. 10 of 2002 whereby and whereunder the appellants having been found guilty for committing murder of Sanatan Marandi were convicted for the offence punishable under sections 302/34 IPC and were sentenced to undergo rigorous imprisonment for life and to pay fine of rupees five thousand with a default clause.

(2.) THE case of the prosecution is that on 20.6.2001 Sanatan Marandi (deceased), the husband of Ful Tudu (PW 3) had gone to plough the field along with his labourer Gard Tudu (PW 1). While they were ploughing the field, all these four appellants variously armed came over there. Baburam Soren was having an arrow with him, Rajmashi was having a sickle with him whereas others were having lathi with them. As soon as they came at the field which was being ploughed by the deceased and Gard Tudu (PW 1), Baburam Soren shot an arrow hitting over the arm as well the back of the deceased, as a result of which he fell down in the field lying adjacent to the field which was being ploughed by the deceased. When the deceased fell down, Rajmanshi inflicted injuries over the face and head of the deceased while the other appellant Hopna Soren and Baran Tudu (not sent up for trial) assaulted the deceased with lathi. On seeing this, Gard Tudu ran back to the house of the informant and informed the informant (the wife of the deceased) Ful Tudu (PW 3) who came rushing to the place of occurrence and found the appellants assaulting the deceased. The deceased died on account of receiving injuries.

(3.) AFTER completion of the investigation, charge sheet was submitted upon which cognizance of the offence was taken and when the case was committed to the court of sessions, the appellants were put on trial during which the prosecution examined as many as 10 witnesses. Of them PWs. 3, 4, 8 and 10 have been declared hostile, whereas PW 2 Ramesh Murmu is a witness to the inquest. PW 6 Shibu Turi is a hearsay witness. PW 5 Chhabilal Marandi is a witness who had seen the injuries on the person of the deceased. PW 1 Gard Tudu is the only eye -witness who supported the case of the prosecution as has been made out in the fardbeyan.