SHYAM SUNDAR MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AII the three appellants have preferred this appeal against the judgment and order dated 9.7.2002 passed by Shri S.C. Singh, Additional Judicial Commissioner, Ranchi in Sessions Trial No. 454 of 2001, whereby and whereunder the appellants have been convicted under Section 302 of the Indian Penal Code read with Section 149 of the Indian Penal Code and have been sentenced to undergo R.I. for life.

(2.) BRIEF facts leading to this appeal are that in the evening of 16.8.2000 at about 6 p.m. the informant Mumtaz Khan sister of the deceased Noor Khan was getting a Chouki loaded on the Tractor belonging to her brother in his house situated in village Daladali. One Nayeem Ansari was loading the 'Chouki' on the Tractor at that time, all of sudden 4 -5 persons of village Daladali came there and started assaulting Nayeem Ansari without any reason. When the informant objected why the guests was being assaulted, those persons named in the FIR started assaulting her brother Noor Khan. The informant. wife of the deceased and others tried to intervene who were also assaulted. She further named these appellants alongwith one Baldeo Munda to have assaulted the deceased with lathi in front of the house causing his instantaneous death. They further threatened the house inmates that that will come in large number and put the house in fire. The son of the deceased Sezar Khan fired upon the attackers to save themselves.

(3.) THE police recorded the statement of the informant and registered Ratu P.S. Case No. 84 of 2000 under various sections including Sections 302, 307, 427 I.P.C. against three appellants and one Baldeo Munda. The police prepared inquest report of the dead body of Noor Khan and recorded the statement of the witnesses to finally submit charge -sheet against above named three appellants. The appellants were charged for the offences under Sections 148,302/149, 307/149, 427/149 I.P.C. to which they pleaded not guilty and claimed to be innocent. They have further asserted that they were passing through the road situated near the house of the deceased which was objected by him. Thereafter the son of the deceased started firing on them, which resulted in a mob attack on the house leading to his death. Therefore the appellants though named in the FIR and charge -sheeted were innocent. However the learned trial court after considering the evidence brought on record by the prosecution found and held all the three appellants guilty under Section 302/149 I.P.C. while acquitting them from other charges. The learned trial court, accordingly, sentenced them to serve R.I. for life.