BALDEO MARANDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These criminal appeals are directed against the judgment of conviction dtd. 8/8/2002 and order of sentence dtd. 9/8/2002 passed by learned Additional Sessions Judge, Jamtara in Sessions Case No.209 of 1997/ 243 of 2001, whereby these appellants were convicted under Ss. 302 and 449 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and fine of Rs.1,000.00 each under Sec. 302 of IPC and they are further sentence to undergo R.I. for five years under Sec. 449 of IPC.

(2.) Mr. Rajeeva Sharma, learned Senior counsel appearing on behalf of the appellants submitted that there was strained relationship between the informant and the appellants as the deceased was the step-mother of the appellant- Sikhar Marandi. Informant- Babulal Marandi, who is the own son of the deceased had driven out the parents from his house and due to grudge and to grab the land, he has implicated this appellant- Sikhar Marandi, who is step-bother as an accused. It is inconceivable that once the informant had hid himself in the house, he could have seen the occurrence. It is further submitted that the instant fardbeyan is not the first information. As per para 2 of his examination, his statement was recorded in the police station when he had earlier gone there, but that particular information has not been produced before this Court. The wife of this informant has not stated specifically about the overt act of each of these appellants. The daughter of the informant (P.W-4) is a child witness, who also claimed to be an eye witness but her testimony must be scrutinized very cautiously. He further submitted that this witness had taken the name of only Sikhar Marandi and another. There is no motive to commit murder of the deceased as before the Court, it was submitted by the witness that there was cordial relationship between these appellants and informant prior to the date of occurrence. From the evidence of the defence witness it is clear that informant- Babulal Marandi had driven out his parents including the deceased out of their house and it is the villagers, who had built a hut for the old lady as the informant did not agree to the proposal put forth by the panchayat. On these grounds, learned counsel for the appellants prays for acquittal.

(3.) Learned counsel for the State opposed the prayer and submitted that wife of the informant and the daughter are the eye witnesses, who had narrated the entire incident. Their testimony is consistent, cogent and trustowrthy. The medical evidence also suggests that indiscriminate assault was made upon the deceased by sharp cutting weapon. Since the medical evidence and ocular evidence matches, the conviction of the appellants needs to be sustained. The discrepancy in the evidence, which has been shown by the learned counsel for the appellant is minor and has got no bearing on the case. Thus, this appeal needs to be dismissed.