LAWS(JHAR)-2017-7-102

RAM SINGH BIRUA Vs. STATE OF JHARKHAND

Decided On July 12, 2017
Ram Singh Birua Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned amicus curiae appointed by the Court for the appellants and learned counsel for the State.

(2.) This jail appeal has been filed by the appellants, being aggrieved by the Judgment of conviction dated 102003 and Order of sentence dated 17.02003, passed by the learned 2nd Additional Sessions Judge, Chaibasa, in Sessions Trial No. 62 of 2002, whereby both the appellants have been found guilty and convicted for the offence under Sections 302/34 of the Indian Penal Code and appellant No. 1 Ram Singh Birua has also been found guilty and convicted for the offence under Section 323 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo imprisonment for life and fine of Rs. 2000/- each, for the offence under Sections 302/34 of the Indian Penal Code. However, no separate sentence was passed against the appellant Ram Singh Birua for the offence under Section 323 of the Indian Penal Code.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant, Parai Birua, the brother of the deceased, recorded on 30.10.2001 at 10.00 a.m. at Bicha Buru Tola School Sai. It is stated in the fardbeyan that on 29.10.2001 at about 07.00 p.m., in the evening, while his brother Kusnu Birua was in the house,Jadav Dom Birua came and informed him that Ram Singh Birua was calling him. Thereupon, Kusnu Birua went to the house of the accused Ram Singh Birua, which was situated by the side of the house of the informant. After some time, the informant heard the alarm, raised by his brother Kusnu Birua stating that he was being assaulted by both the accused persons, whereupon, the informant rushed to the house of Ram Singh Birua and saw that both the accused were apprehending his brother and the accused Jadav Dom Birua was assaulting his brother by fists and the accused Ram Singh Birua was assaulting his brother by Katu (a sharp cutting weapon), piercing it in the stomach of his brother, due to which the intestine of his brother protruded out of the wound. The accused persons also tried to apprehend the informant, whereupon he started fleeing away, upon which the accused Ram Singh Birua assaulted him by the same weapon causing injuries in the fingers of his left hand. Thereafter, both the accused persons dragged the dead body out of the house to the open courtyard and fled away. The informant due to fear, did not go to the place of occurrence in the night and in the morning at about 07.00 a.m, he went there and found his brother dead. It is stated in the fardbeyan that the occurrence had taken place due to the land dispute between the parties.