JAIRAM HESSA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State.

(2.) The appellants are aggrieved by the impugned Judgment of conviction dated 08th August, 2008 and Order of sentence dated 13th August, 2008, passed by the learned 1st Additional Sessions Judge, West Singhbhum at Chaibasa, in S.T. No. 191 of 2006, whereby, both the appellants have been found guilty and convicted for the offences under Sections 302 / 34 of the Indian Penal Code and Section 27 of the Arms Act. The appellants have, however, been acquitted of the charges under Sections 387 / 34 of the Indian Penal Code and Section 17 of the C.L.A. Act. Upon hearing on the point of sentence, the appellants were sentenced to undergo R.I. for life with fine of Rs. 5000/- each, for the offence under Sections 302 / 34 of the Indian Penal Code, and they have also been sentenced to undergo R.I. for three years, with fine of Rs. 3000/- each, for the offence under Section 27 of the Arms Act. Both the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Chandra Mohan Purty, son of Mahti Purty, and the brother of deceased Budh Ram Purty, recorded on 19.02006 at about 01:00 P.M., at his house situated in village Kenjra, Tola Jagda, P.S. Tonto, District West Singhbhum. It is stated in the fardbeyan that on 17.02006 at about 06:00 P.M., they were celebrating Maghe festival in their house, by pouring haria (local wine made from rice) in the soil. In the meantime, the accused persons, namely, Jairam Hessa and Babu Ram Hembram came there and demanded Rs. 10,000/- in levy from his brother Budh Ram Purty. His brother stated that he had no money, whereupon, Jairam Hessa told him to give the money which they had received under Indira Awas Yojna, failing which they would blow up their house. When his brother could not give the money, they took away his brother along with them and his father and mother also followed them. At some distance, Babu Ram Hembram caught hold both the hands of his brother and Jairam Hessa assaulted him by firearm, due to which his brother fell down being injured. Jairam also fired five shots in the air and they fled away towards the forest. The informant and family members rushed there and brought the deceased near the house of one Mukru, where he was laid on a cot. The deceased could not be taken to the hospital and he died in about one hour time. It is stated in the fardbeyan that both the accused persons belonged to MCC, and the occurrence had been committed due to the fact that levy could not be given to them. The fardbeyan was recorded in presence of one witness, who is also named Chandra Mohan Purty, son of Gardi Purty. On the basis of the fardbeyan, Tonto P.S. Case No. 11 of 2006 corresponding to G.R. No. 153 of 2006, was instituted against these accused for the offences under Sections 302 and 386 / 34 of the India Penal Code, Section 17 of the C.L.A. Act and Section 27 of the Arms Act, and investigation was taken up. After investigation, the police submitted the charge-sheet in this case.