IRNIYUS TIGGA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All the appellants, except appellant no. 6 Bibiyani Tigga, stood convicted for committing the offence under Sections 302/34 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. Further appellant nos. 1, 2, 3 and 6 stood convicted for committing the offence under Section 324/34 of the Indian Penal Code and have been sentenced to undergo R.I. for two years. However, both the sentences were directed to run concurrently. The aforesaid judgment of conviction and order of sentence has been passed by the Additional District & Sessions Judge, Fast Track Court No. I, Gumla vide order dated 27.03.2004 and 29.03.2004 respectively, in Sessions Trial No. 90 of 1996, (arising out of Chainpur P.S. Case No. 34 of 1995, corresponding to G.R. No. 803 of 1995).

(2.) A first information was lodged on the basis of the fardbeyan of the informant Balasius Kujur on 10.11.1995 stating therein that in the evening of 09.11.1995 he, along with Theodar Toppo and Albert Ekka came to his house from the Chainpur weekly market. On the next day, i.e. 10.11.195 at about 8 A.M. Bhikhu Rawatia of Pakri Toli came to his house and informed that Irniyus Tigga and another are harvesting his paddy crop armed with various weapon. On getting this information, he, along with Rafail Kujur, Saniyaro Kujur, Arun Kujur, Ilisaba Kujur went to Dumor Don to stop them. When they reached there they saw that Irnius Tigga, Nicolas Tigga, Johan Tigga, Bibiyani Tigga, Manjela Tigga, Jinu Tigga, Ajit Tigga and Apolina Tigga were cutting the crop of plot nos. 609, 610 and 611 under Khata No. 32. The informant and others tried to stop them from harvesting the crops from a distance but the accused persons rushed to them, variously armed with Gulel, Danda, Barcha, Tangi, Balua, Sickle, Bow and Arrow and at first Nicolas Tigga assaulted on the head of the informant with the handle of Barcha due to which he fell down. Then Irniyus Tigga assaulted with Lathi on his right hand, Jinu Tigga assaulted with sickle on his right ear and mouth due to which his one teeth got broken and he received cut injury on his ear. In the meantime, Bibiyani Tigga assaulted on the head of the informant with Tangi. Thereafter, all the accused persons started assaulting Rafail, Arun, Michel and Albert. Meanwhile the wife of the informant Iliasaba Kujur and one Etwa Kumhar started taking him towards Pakri Toli and they all had seen Nocolas Tigga and Irnius Tigga assaulting Albert Ekka with Danda due to which he fell down then Jinu Tigga assaulted on his head with Tangi as a result of which he became unconscious. On hearing hulla many villagers assembled there and saved them. The informant saw that blood was oozing from the head of Rafail Kujur and there was injury below his right knee and left wrist. Arun Kujur received injuries below his left knee and back as well as cut injury on his head. Michal Tigga received cut injury on his head and injuries on his left little finger, back and waist. It is alleged that the accused persons, with the intention to kill the informant and his family members, assaulted with Gulel, Lathi, Barcha, Tangi, bow and arrow, Balua and Hasua and made them injured.

(3.) On the aforementioned written report, Chainpur P.S. Case No. 34 of 1995, corresponding to G.R. No. 803/1995, was registered against the accused persons.