JOTO MUNDA Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 17.3.1993, passed by the 3rd Additional Sessions Judge, Chaibasa, in Sessions Trial No. 210 of 1990, convicting the appellants under Section 302 IPC and sentencing them to rigorous imprisonment for life.

(2.) A Fardbeyan was lodged on 4.4.1984 at 10 A.M. by the informant -P.W -1 -Rore Munda to the following effect. His mother Chaity Mundain went to market on the previous day. As she did not return by 8 P.M., he went to search her. When he came out of the village, he met the appellants. Appellant no. 1 -Jota Munda told him that the appellants had killed and threw her dead body in Kunjali Forest. When the informant asked as to why they did so, the appellants threatened and chased him. Due to fear, the informant went back to his home. In the morning, he told about the said incident to the Chowkidar, who along with others including P.W -4 went to the house of the appellants, who confessed their guilt and said that there was quarrel with her, and as both were intoxicated, they committed this mistake. The appellants then went and pointed out to the dead body of the deceased in the jungle, and they were caught by the villagers.

(3.) P .W -1 -the informant has fully supported the case disclosed by him in the fardbeyan. P.W -2, the Chowkidar also corroborated the evidence of P.W -1 and the statements made in the Fardbeyan. P.W -3 is a seizure list witness regarding seizure of blood stained soil and the weapon of assault. P.W -4 and 7 are tendered witnesses. P.W. -5 is a formal witness who has proved the fardbeyan and the FIR. P.W -6 is the brother of the informant, who was hearsay witness. P.W -8 -Doctor -Arun Kumar has proved the postmortem report. From the postmortem report, it appears that the head and neck of the deceased were separated by heavy sharp object.