SOREN CHAMPIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Appellants Have Preferred This Appeal Challenging The judgment of conviction and order of sentence dated 19.07.2005 and 21.07.2005 respectively, passed by the Additional Sessions Judge, F.T.C.I, Chaibasa in Sessions Trial No. 207 of 2004, by which all the appellants have been convicted for committing an offence under Sections 302/201 of the Indian Penal Code, and have been sentenced to undergo imprisonment for life for committing an offence punishable under Section 302 of the Indian Penal Code and rigorous imprisonment for 03 years, alongwith a fine of Rs. 2000/ each for committing an offence punishable under Section 201 of the Indian Penal Code and in default of payment of fine, further rigorous imprisonment for three months. However, the sentences were directed to run concurrently.

(2.) The prosecution case is based on the fardbeyan of Ganaur Kui (PW5), widow of Late Oyeban Balmuchu. She got her fardbeyan recorded on 17.03.2004 at about 12:35 hours stating therein that on 15.03.2004 she heard scream of her son Rasai Balmuchu from the courtyard of Suku Champia. On hearing the scream she reached at the house of Suku Champia where she saw that her son was tied and was being beaten mercilessly and indiscriminately by Suku Champia, Soren Champia and Renso Champia (appellants herein). She tried to intervene but she was threatened that she will be done to death if she comes in between them. She stated that they were saying that her son Rasai Balmuchu, has done some wrong act for which he whould not be spared. She stated that after some time these appellants took her son towards the forest. The informant then went and narrated the incident to her neighbours Guruwari Kui (PW 4) and Musungo Balmuchu (PW 3). Her son was not traced for the next two days. On the date of lodging the F.I.R, she received information that the dead body of her son Rasai Balmuchu was found in a ditch, dug for laying cables, on the eastern side of the village. She rushed to the place and saw the dead body lying in the ditch, which was partly covered with earth. The informant informed about the same to Budhram Balmuchu, Village Munda Shambhu Ch. Munda and the Dakua of the Village, Mochiram Purty. The police came and prepared the documents. In the meantime, the villagers apprehended the accusedappellants Renso Champia and Suku Champia but one of the assailants Soren Champia managed to flee away from the village. The informant claimed that these three appellants have committed murder of her son.

(3.) On the basis of the aforesaid fardbeyan, Noamundi P.S. Case No. 5 of 2004 (G.R. No. 129 of 2004), was registered, against the appellants for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.