BURHNA TUDU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ALL the five appellants were put on trial to face charges under Sections 302, 149 and 148 of the Indian Penal Code on the allegation that they in prosecution of their common object committed murder of Gundi Murmu. The trial Court having found the appellants guilty sentenced each of them to undergo life imprisonment under Section 302/149 of the Indian Penal Code. Further the appellants Sural Tudu, Harchand Tudu and Burhna Tudu were sentenced to undergo rigorous imprisonment for two years and six months for the offence under Section 148 of the Indian Penal Code whereas appellants Arshu Tudu @ Putul Tudu and Singo Tudu were sentenced to undergo rigorous imprisonment for two years for the offence under Section 147 of the Indian Penal Code.

(2.) THE case of the prosecution is that on 13.7.1998 while the informant Rupai Murmu (PW 4) at about 5 p.m. was in a field, he saw all these appellants sowing paddy seedlings in a field belonging to his cousin Gundi Murmu (deceased). His cousin Gundi Murmu, who was there with his buffalo at nearby field forbade them from doing so, upon which Suraj Tudu shot an arrow upon his cousin Gundi Murmu and the other appellants, namely, Harchand Tudu and Burhna Tudu, armed with farsa rushed to kill Gundi Murmu, who fled from there but while he was fleeing Sural Tudu again shot an arrow causing injury to Gundi Murmu, as a result of which he fell down in the field of Sarju Patar and then Harchand Tudu and Burhna Tudu cut the neck of the deceased by farsa. Thereafter the appellants Putul @ Arshu Tudu and Singo Tudu indiscriminately assaulted the deceased with lathi. The deceased breathed his last there. Thereafter they dragged him to field where they were sowing seedling of paddy.

(3.) AFTER completion of investigation, police submitted charge -sheet against the appellants and cognizance of the offences was taken and in due course, when the case was committed to the Court of session, charges were framed to which the appellants pleaded not guilty and claimed to be tried.