LAL MARANDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned Addl. P.P. for the State.

(2.) The appellants are aggrieved by Judgment of conviction and Order of sentence dated 20th January, 1993, passed by the learned VIth Additional Sessions Judge, Dumka, in S.T. No. 327 of 1990 whereby, both the appellants who are the father and son, have been found guilty and convicted for the offence under Sections 302/34 of the Indian Penal Code. Upon hearing on the point of sentence, they have been sentenced to undergo R.I. for life for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of Munni Kisku, who is the wife of the deceased Jhandu Hansda. Shorn of unnecessary details in the farbeyan, it is alleged that her brother Lal Marandi, Bablu Marandi and other named persons had called her husband to their house for a feast on 21.11.1989 and on 22.11.1989, the brother of the informant, Lal Marandi came at about 9.00 A.M. and informed that his brother-in-law, i.e., the husband of the informant, died in the night. When the informant enquired from her brother, he informed that in the night, after eating and drinking, her husband had 2-3 vomits, and he died. Upon getting the information, the informant along with her daughter, brother-in-law as well as other persons, went to her brother's place, where in the courtyard of the house, she found the dead body of her husband lying on a cot. There was lot of blood and there were cut injuries on the dead body and she asked her brother-in-law to inform the police. She has stated that there was dispute between them due a jack fruit tree, and she has alleged that due to the said dispute, the accused persons had called her husband to their house and committed his murder. On the basis of fardbeyan of the informant, Jarmundi P.S. Case No. 155 of 1989 corresponding to G.R. No. 878 of 1989, was instituted for the offence under Sec. 302 of the Indian Penal Code against unknown. After investigation, the police submitted the charge sheet against the accused appellants.