BLICHDAN KUJUR @ BILISDAN KUJUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 4th October, 2004 and order of sentence dated 5th October, 2004 passed by learned Additional District & Sessions Judge, Fast Track Court II, Gumla in Sessions Trial No.99 of 2004, the appellants have preferred this appeal.

(2.) These two appellants have been convicted by the Trial Court for committing an offence under Sections 302/34, 201/34 of the Indian Penal Code and also under Section 452/34 of the Indian Penal Code. After the said conviction, they have been sentenced to undergo rigorous imprisonment for life for committing the offence under Sections 302/34 of the Indian Penal Code, rigorous imprisonment for 7 years for offence under Sections 201/34 of the Indian Penal Code and rigorous imprisonment for 5 years for offence under Sections 452/34 of the Indian Penal Code.

(3.) The prosecution case arises out of the fardbeyan of Smt. Rami Orain (P.W.2), who happens to be the wife of the deceased. In her fardbeyan, which was recorded on 14.12.2003 at 13.00 hrs., she states that on 13.12.2003 at about 07.00 p.m., she was cooking food in her house. Her husband Bargi Oraon (deceased) was with his minor grandson Kartik Oraon (P.W.1) in their house. The main door of the house was closed. Some person, from outside, knocked the door and told them to open the same. They inquired whether Bandhana was present there in the house or not. To the querry, the informant replied that Bandhana is not in the house, rather, has gone to the brick-kiln. On hearing this, the persons vigorously started knocking the door and they used an axe to break the door open. After breaking the door, two miscreants entered the house, who were identified by the informant as these appellants. These appellants asked the husband of the informant as to why Bandhana (son of the informant) is not paying their money. Further they demanded money immediately. The husband of the informant requested them to wait for Bandhana and showed his ignorance about any monetary transaction between them. Thereafter, these two appellants started assaulting the husband of the informant by fists and slaps and dragged him out of the house. The informant and her grandson tried to forbid them, but, in vain. The accused gave an axe blow on the left elbow of the informant. Appellant Blichdan Kujur tried to give an axe blow on the neck of the informant, but, she could save herself. Both these accused dragged the husband of the informant out of their house and assaulted him on his leg, face and neck by axe. The husband of the informant died instantly. Thereafter the accused persons, by putting straw on the dead body of the husband of the informant, burnt the body. The informant screamed for help, upon which some persons came out of their house and saw the occurrence. The reason of the assault, as stated by the informant, is that the son of the informant and these two appellants used to supply labourers in the brick-kiln of Tripura and Assam and some differences occurred because of some monetary transactions.