KONDA MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal is directed against the judgment and order of conviction and sentence dtd. 16/9/2003 and 18/9/2003, respectively passed by learned Additional District and Sessions Judge-I, Latehar in S.T. No. 16 of 2003, whereby and whereunder the appellant has been held guilty for the offence under Sec. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life along with a fine of Rs.250.00.

(2.) Prosecution story as per the Fardbeyan of one Mikhail Munda dtd. 10/5/2002 recorded by S.I. Indradeo Prasad, officer-in-charge, Mahuwadar Police Station is that the informant's younger brother Binoy Munda along with his wife Ratani Porath went to his Sasural at Village Jamkona to enjoy festival of Sarhul on the last Monday. After two days, i.e. Wednesday, father of the informant namely Bunu Munda also went to village Jamkona. It is further alleged that the informant's sister Helena Saras is also married in Village Jamkona who came to the house of the informant on Thursday and told that her father Bunu Munda and brother Binoy Munda have been abducted from their Sasural in the night of Wednesday at about 10-11 PM by three unknown boys. Since, father and brother of the informant did not return, hence, he went to village Jamkona in search of them and also stayed in the night, in the house of his sister. On the next date, one Santri Munda came and told about two dead bodies, lying at the Deogarhi Pokhar. They went to the said place and found the dead bodies of brother and father sustaining cut injuries on neck and face.

(3.) On the basis of above information, Mahuwadar P.S. Case No. 10 of 2002 dtd. 10/5/2002 was registered under Sec. 302/34 of the IPC against three unknown miscreants.