RAM CHANDRA HANSDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These two appeals arise out of one common judgment dated 29th Aug., 2003 and sentence dated 3rd Sept., 2003, passed by the Additional Sessions Judge, Fast Track Court No. IX, Jamshedpur, in Sessions Trial No. 245 of 2000, which are being heard together and are disposed of by a common judgment.

(2.) Both the appellants have been convicted for offence under Sections 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life with a fine of Rs. 1000.00 each. In default of payment of fine they were further directed to undergo simple imprisonment for 3 months.

(3.) The prosecution case is based on the fardbeyan of P.W.5 Bhujuram Tudu stating therein that they along with the other villagers were celebrating Sarhul festival in the village in which every family had to pay fifty rupees as donation. He states that he had also given fifty rupees donation for performance of Sarhul festival. He stated that it was mandatory in the village that one person of each family to participate in the festival. The informant represented his family during festival, but his elder brother Jagarnath Tudu and Budhrai Tudu (deceased) did not attend the Sarhul Puja, as they got drunk, and could not reach there on time. Because of the absence of these two persons, during the Sarhul festival, the village Pradhan, Vijay Hansda imposed a fine of Rs. 50.00 each on Jagarnath Tudu and Budhrai Tudu (Deceased). These two persons did not deposit the fine amount and as the fine amount was not deposited, a village meeting was held under the chairmanship of the village Pradhan and it was decided to socially boycott Jagarnath Tudu and Budhrai Tudu, till the fine amount is paid. In spite of such social boycott Budhrai Tudu did not deposit the fine amount. This action of Budhrai Tudu annoyed the another brother of this informant i.e. Bhuglu Tudu and other adversaries namely, Ramchandra Hansda (appellant in criminal appeal No. 1498 of 2003) and Bharu Hansda (appellant in Criminal appeal No. 150 of 2004) and they threatened to kill Budhrai Tudu. On 26.08.1999 at about 11 p.m. when Budhrai Tudu was returning to his house after plying boat, then Bhuglu Tudu, Ramchandra Hansda and Bharu Hasda intercepted him and with the help of Axe assaulted him badly. The informant claims that he had seen the assault as an eye witness. It is further stated in the F.I.R that the deceased Budhrai Tudu screamed and hearing the scream, the informant came out of his house and saw that the deceased was pinned down on the ground and Ramchandra Hasda had caught the feet of the deceased and Bharu Hansda caught hold of both the hands of the deceased and Bhuglu Tudu was giving Axe blow on the person of Budharai Tudu. On seeing this incident the informant screamed and on hearing the scream these three miscreants fled away. The injured, thereafter, by any means got up and came to the house and fell down there. Several villagers assembled after hearing scream and the wife of the deceased also reached the place of occurrence and the deceased narrated the story to all of them. Arrangements were made to take the deceased to the hospital for treatment but he could not survive and died.