PITRU MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been heard by this Division Bench specially constituted on 16.09.2017 (Saturday).

(2.) This appeal has been preferred by the the sole appellant Pitru Munda, being aggrieved and dissatisfied by the judgment of conviction dated 06.05.2006 and order of sentence dated 09.06.2006 passed in Sessions Trial No. 365 of 2005 by Sri Nishat Haider, learned Additional Judicial Commissioner, III, Khunti, Ranchi whereby and whereunder, the learned Additional Judicial Commissioner held the appellant Pitru Munda guilty for the charge under Section 302 of the Indian Penal Code and further on 09.06.2006 has sentenced the appellant for life imprisonment under section 302 of the Indian Penal Code and fine of Rs. 5,000/.

(3.) The case of prosecution as unfolded in the fardbeyan of Budhu Munda(P.W. 4), son of Chamo Munda, recorded by S.I, K.D. Mishra of Khunti P.S. on 14.11.2004 at village Jojohatu alleging therein that on 13.11.2004 at about 6.30 p.m, he and the deceased Rana Singh Munda were going to village Utlung on the occasion of Sohrai festival for dancing. It is further alleged that when they reached some distance away from the village Jojohatu at about 19 Hrs, all of a sudden the accused Pitru Munda son of Sadho Munda (appellant) came having a sharp weapon i.e Balua in his hand and hurled the Balua on Rana Singh Munda, when Rana Singh Munda reached upon the field of one Manohar Hansda of village Jojohatu, the appellant attacked him with Balua in his hand and killed him. It is further alleged that informant tried to save him but the appellant ran away, otherwise he will also be killed. The motive of aforesaid murder assigned is that about 3 to 4 months back, the tamarind crop of the appellant was destroyed by the cattle of the deceased Rana Singh Munda, due to which altercation between them had taken place and it is alleged that the accused Pitru Munda had threatened the informant to kill him.