SUKHARAM MUNDA AND ANOTHER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the appellants were put on trial on the accusation of committing murder of Dinay Munda. The trial court, having found them guilty for the charge under Sections 302/34 of the Indian Penal Code, convicted them for the aforesaid offences vide its judgment dated 30th Nov., 2002 and sentenced each of them, to undergo imprisonment for life vide its order dated nd Dec., 2002 passed in Sessions Trial No.49 of 1999.

(2.) The case of the prosecution, as has been made out in the fardbeyan (Ext.3) is that on 16.03.1998 at about 11.A.M., the deceased-Dinay Munda along with his wife Mangri Kui as well as daughter and these two appellants, who happened to be the son-in-law and also Samdhi of the deceased, had gone to Jhanjhra Hot but they did not return home. On 18.03.1998, one Narayan Singh Bhumiz (P.W.2) informed to the informant-Lukesh Munda (since died) that the appellants had assaulted the deceased, who has been lying unconscious. On getting this information, informant-Lukesh Munda along with others, went to the place of occurrence and found his uncle Dinay Munda dead.

(3.) Thereupon, at about 3.00 P.M., the informant gave his fardbeyan to ASI namely, Sitaram of Toklo Police Station. Upon which, a formal first information report (Ext.2) was drawn and the case was registered.