SILBESTER KERKETTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since, both the above-mentioned appeals arise out of the same impugned judgment, they were heard together and are being disposed of by this common judgment.

(2.) Both the appeals are directed against the impugned judgment of conviction and sentence dated 15.05.2006, passed by the 1st Additional Sessions Judge, Gumla in Sessions Trial No. 20 of 2004, whereby appellant Silbester Kerketta (Cr. Appeal No. 1164/2006) has been convicted for the offences under Sec. 302, 380,449 of the Indian Penal code and has been sentenced to undergo imprisonment for life for the offence under Sec. 302/34 Penal Code and R.I. for 5 years and 8 years respectively for the offence 380/34 and 449/34 Penal Code and to pay a fine of Rs. 1000/for each of the offences and in default of payment of fine, he shall further undergo S.I. for 6 months. Appellants Udit Pal Sahu and Dinesh Sahu (Cr. Appeal No. 1015/2006) have been convicted under Sections 302, 380, 449 of the Indian Penal Code and have been sentenced to undergo imprisonment for life for the offence under Sections 302/109 Penal Code and to undergo R.I. for 5 years and 8 years respectively for the offence under Sections 380/109 and 449/109 and to pay a fine of Rs. 1000/each for each of the offences and in default of payment of fine, they were directed to undergo S.I. for 6 months each. However, all the sentences were directed to run concurrently.

(3.) A first information was lodged on the basis of the fardbeyan given by the informant Sitaram Sahu on 23.08.2003 stating therein that in the midnight of 22/23.08.2003 at about 12 'O' Clock he was sleeping with his family members inside his house and after hearing the sound at his door, he and all his family members awoke and all gathered in the room of his father and they shut the door of the room from inside. By that time the extremists had broken down the outer door of his house and entered into the courtyard of the house and they started breaking the door and wall of the rooms where he and all his family members were present. After that the extremists putting their guns at the hole of the door and started indiscriminate firing inside the room due to which a splinter of bullet hit the neck of his sister and injured her. It is stated that when his elder brother Naresh Sahu (the deceased) fired from his licensee gun, the extremists started blind firing inside the room from the hole of the door made by them. Being helpless, his brother opened the door. As soon as the door was opened, 67 extremists armed with gun entered into the room out of whom one Mangal Nagesia was identified by the informant. Then, the extremists caught informant's father and brother, tied their hands and took them outside the house. It is further alleged that the extremists looted Rs. 5000/cash, gold ring and also took their gun. The extremists were about 100 in number, out of which the informant identified Mangal Nagesia, Silbester Kerketta, Wade Khari, Surju Gope, Ritu Pradhan and Manoj Nagesia. The informant and his family members remained inside the house and his father and brother were crying outside the house. After sometime, the crying stopped and the extremists started raising the slogans and left the place. After about half an hour when the informant went outside his house, he saw that his father Harihar Sahu and brother Nuresh Sahu were lying dead in front of the door of the house and their neck were cut.