SHIVLAL KORA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All the five appellants were put on trial for the charges under section 302/34 and 324/34 of the Indian Penal Code for committing murder of Sukhchand Kora in furtherance of their common intention and for causing hurt to Rashmuni Kuri, the informant (P.W.10) by dangerous weapon. The trial court having found the appellants guilty convicted each of them to undergo sentence life imprisonment under section 302/34 of the Indian Penal Code. However, no separate sentence was passed against the appellants under section 324/34 of the Indian Penal Code, though they were found guilty for the said offence.

(2.) THE case of the prosecution is that on 10.11.1998 at about 6 -7 A.M. one Sukhchand Kora cousin brother -in -law (Chachera Bhaisur) of the informant Rushmuni Kuri (P.W.10) was going towards a pond for easing himself when he reached at a field situated north to the house of the informant, the appellants armed with lathi, bow and arrow accosted Sukhchand Kora over there and started assaulting him. On seeing this, the informant Rushmuni Kuri (P.W.10), Shibmati Kuri (P.W.6) reached there and tried to intervene in the matter but the appellant Kadam Kora gave a blow by a sickle and the appellant Shivlal Kora gave lathi blow as a result she sustained injuries on her right elbow and on her head. At the same time Sukhchand Kora on being assaulted by all the accused persons sustained severe injuries and died. Thereafter the appellants fled away.

(3.) IN course of investigation, the Investigating Officer also got the informant Rashmuni Kuri examined by Dr. Vijay Kumar Thakur