GUNJUR HANSDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 6th September, 2006 and order of sentence dated 7th September, 2006 passed by Shri Arun Kumar Rai, Additional Sessions Judge, Chaibasa, Singhbhum West in Sessions Trial No.194 of 2005 wherein Gunjur Hansda and Ram Singh Hansda have been convicted under Sections 302, 201 & 379 of the Indian Penal Code and sentenced to undergo imprisonment for life under Section 302 IPC and three years rigorous imprisonment for the offence under Sections 379 & 201 IPC. Both the sentences shall run concurrently. No fine was imposed seeing the poor condition of the convicts.

(2.) Prosecution case in brief is that informant Lidi Hansda daughter of late Salai Hansda was sleeping in her house in the night of 19.03.2005 in her village Hatnaburu, P.S. Gua, District- Singhbhum West. Her mother Rui Bari Hansda and father Salai Hansda and a servant namely Duglu Hansda were sleeping in varandah of the house. At about 11 p.m., informant heard the sound of two men who were telling her father to get up. On this sound, informant also woke up and saw from the veranda that her co-villagers Ram Singh Hansda and Gunjur Hansda having stick in their hand were demanding river side land from her father. When her father refused to give the land, both of them all of a sudden started assaulting by stick on the head of her father. Thereafter, they also assaulted the mother of the informant and killed both of them. Thereafter, they entered in the house for killing her. Informant fled away from the house stealthily and went to the house of her sister in the village Totogarha. On next day due to fear she did not come out from the house. On 21.03.2005, sister of the informant informed Gua Police about the occurrence. According to the informant when she returned to her house she found that dead bodies of her parents have disappeared and floor of the veranda was cleaned. Informant further found that a wooden box kept inside the house which contained her and of her mother Sari, documents of land and a sum of Rs.5000/- which was sale proceed of hen and goat, was missing. According to the informant Ram Singh Hansda and Gunjur Hansda had killed her parents in order to grab the lands of her father.

(3.) The fardbeyan of informant was translated in Hindi by Bijay Singh Hansda from a tribal language "Ho". On that very basis, Gua P.S. Case No.18 of 2005 dated 22.03.2005 was registered. During investigation, appellant Ram Singh Hansda was arrested and he confessed his guilt and dead body of deceased which was buried in sand near the Nala of the village as well as wooden box which was also hidden near the Nala were recovered. Other accused persons who were involved in the crime were also arrested and after completion of the investigation Police submitted charge-sheet against four accused persons. After taking cognizance, the case was committed to the court of Sessions and charges under Sections 302/34, 201, 379/34 and 120 read with Section 302 IPC were framed upon Ram Singh Hansda, Gunjur Hansda, Roto Hansda and Zunga Hansda.