TUNGIR LADURA KORAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I have already heard the arguments advanced by Mr. Gautam Kumar, learned counsel appearing for the appellants along with Mr. Birat Kumar and Mr. Abhinav Raj as well as Mr. Jitendra Pandey and Mr. Naveen Kumar Ganjhu, learned Addl. P.Ps. appearing for the State.

(2.) Instant criminal appeal is directed against the judgment and order of conviction and sentence dtd. 9/5/2006/11/5/2006 passed by learned Additional Sessions Judge (FTC-I) West Singhbhum at Chaibasa in Sessions Trial Case No.239 of 2004 arising out of Goilkera P.S. Case No.14 of 2004 (G.R. Case No.109 of 2004) whereby and whereunder, the appellants along with two co-accused persons, namely, Naranga Sirka and Jogen Purty (now deceased), have been held guilty for the offence under Sec. 304 (Part II) read with Sec. 34 of the Indian Penal Code and sentenced to undergo R.I. for seven years.

(3.) The factual matrix giving rise to this appeal is that on 6/5/2004 at about 07:00 a.m., the informant Shanti Korah was at her house, meanwhile, one Kanu Sirka came to her house and asked about her husband, namely, Yadav Korah to attend a meeting scheduled to be held under the Tamarind Tree. It is alleged that the informant was not aware about the reason for convening the meeting but her husband went to the place of meeting, wherein one Randai Kui made allegation that her husband has stolen her hen on 5/5/2004. It is further stated that reality is that informant killed and cooked her own hen on preceding day. Her husband denied the allegations. It is further alleged that the village meeting was presided over by village Munda Ram Rai Sirka (appellant in Cr.A.(S.J.) No.970 of 2006). It is further alleged that on instruction of Ram Rai Sirka (appellant) her husband's hands were tied from behind and he was hanged with the branch of Tamarind Tree and all other accused persons started assaulting to her husband on face, chest and other parts of the body. Her husband was captured from 08:00 a.m. to 05:00 p.m. Thereafter, he was brought to his home but due to injury sustained by him, he could not take any food etc. and no treatment could be provided due to paucity of fund. It is further alleged that on 8/5/2004, Yadav Korah succumbed to his injuries.