KRISHNA MAHENDRA BARAIK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The above appeals have been preferred against the judgment dated 31-7-2006 in Sessions Trial No. 126 of 2004, passed by the Additional Sessions Judge, Simdega, whereby the appellant-Krishna Baraik of Cri. Appeal No. 622 of 2010 has been convicted for the offence under Section 302 of the Indian Penal Code and 27 of the Arms Act and sentenced to undergo life imprisonment and rigorous imprisonment of 5 years respectively. Accused-appellants in Cri. Appeal No. 1370 of 2006 and Cri. Appeal No. 1510 of 2006 have been convicted for the offence under Section 302 read with Section 149 of the Indian Penal Code (for short IPC) and sentenced to undergo life imprisonment and the appellants/accused have also been convicted under Section 149/449 and sentenced to undergo rigorous imprisonment for 7 yeaers.

(2.) The case of the prosecution as narrated in the fardbeyan, dated 14-7-2004, of Babli Devi (P.W. 7) is that on 13-7-2004 at 3.00 p.m. she had gone to fetch water from the well and when she returned, she saw that the accused-appellants, Krishna Baraik, Ahlad Baraik, Prahalad Baraik, Chhotu Baraik, Nand Kishora Baraik, Mahabir Baraik, Ladro Baraik, and three unknown persons standing near her house. That Krishna Baraik enquired about the whereabouts of her husband namely, Biraju Baraik (since deceased) and out of fear she stated that he was not in the house. Thereafter, Krishna Baraik threatened to shoot her and out of fear she disclosed that Biraju Baraik was sleeping in the house. Thereafter, accused-Ahlad Baraik, Prahlad Baraik, Chhotu Baraik, Nand Kishore Baraik, Mahabir Baraik and Lodro Baraik, entered into her house and they dragged out Biraju Baraik and took him to the western side of the courtyard where Krishna Baraik fired pistol shot from behind on her husband. Due to the pistol shot her husband died on the spot. That all the accused persons thereafter proceeded to the house of Krishna Baraik. It is alleged that Krishna Baraik wanted the dealership of Public Distribution Ration shop which was being run by Biraju Baraik for which he had givenb threats, on earlier occasion, to her husband and it was due to the said dispute that Krishna Baraik had killed her husband.

(3.) In support of the prosecution case 11 witnesses have been examined.