DAMU SURIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) We have already heard Mr. Anjani Kumar, learned counsel appearing for the appellants and Mr. V.K. Vashistha, learned Spl.P.P. appearing for the State.

(2.) Instant criminal appeal arises out of judgment of conviction and sentence of the appellants dtd. 20/2/2020 and 26/2/2020 passed by Additional Sessions Judge - II, West Singhbhum at Chaibasa in S.T. Case No.200 of 2014 arising out of Goilkera P.S. Case No.30 of 2013 (corresponding to G.R. Case No.321 of 2013), whereby and whereunder the appellants have been held guilty for the offence under Sec. 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life along with fine of Rs.20,000.00. In default of payment of fine further sentenced to undergo R.I. for one year.

(3.) Factual matrix giving rise to this appeal is that on 20/8/2013 at about 08:30 p.m. in the night one Toko Laguri came to the house of the informant, Bamai Surin (P.W.5) and called her husband and accompanied with him started going outside, then informant asked her husband as to where he is going in the night, then he replied to return very soon and left the house along with Toko Laguri. It is further alleged that informant's husband did not return till half an hour then she went to the house of Toko Laguri and Rame Laguri then wife of Rame Laguri disclosed that her husband has gone to the house of Damu Surin (appellant No.1) along with Toko Laguri. The informant went to the house of Damu Surin where she saw Rame Laguri, Toko Laguri and Charan Surin were standing on the door of Damu Surin armed with axe and danda. The informant asked them about her husband then they replied that her husband was inside the house of Damu Surin. The informant knocked the door and was raising loud alarm for about half an hour but door was not opened. In the meantime, Rame Laguri, Toko Laguri and Charan Surin returned back to their houses. Thereafter, informant also returned back to her home and on the next day morning again she went to the house of Damu Surin in search of her husband and asked from Jiramuni (appellant No.2) daughter of Damu Surin about her husband then she told that her husband had come to her house in the night along with some miscreants to commit their murder, hence, they have killed them and dead bodies are lying in her house, then she went inside the house of Damu Surin and saw her husband Besra Surin and one Mukhoram Surin were lying dead under pool of blood. There were injuries on neck, back, waist and arm caused by axe. The informant has attributed no motive against the accused persons for causing murder of her husband rather she gave information to the Village Munda. Police arrived at the place of occurrence and her fardbeyan was recorded on 21/8/2013 at about 11:30 hours at Village Baraibir near house of Damu Surin.