LEPO MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Ms. Amrita Banerjee, learned Amicus Curiae for the appellant and Mr. Shekhar Sinha, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment dtd. 19/1/2012 passed by the learned Additional Judicial Commissioner 1, Khunti in Sessions Trial No. 239 of 2006 whereby and whereunder the appellant has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life along with a fine of Rs.2,000.00.

(3.) The prosecution story in brief arising out of a fardbeyan of the informant Babi Devi is to the effect that on 13/12/2005 after having meal the informant and her family members were sleeping. It has been alleged that the accused had come and by using abusive language was shouting that they have taken more share of the land and in spite of repeated requests his share in the land is not being given. It has been alleged that when the informant and her five years old child woke up, the accused was found armed with a Tangi and the informant had intimated the accused that in the morning the issue can be settled before the panchayat. In the meantime, the accused gave a Tangi blow on the head of her husband Ram Lal Munda who died on the spot. The son of the informant on witnessing the incident started raising a cry of alarm at which the accused person assaulted him with a Tangi on his head and blood started coming out. On hearing the cry of alarm several villagers had assembled. It has been alleged that the accused tried to flee away but he was apprehended by the villagers with the Tangi. It has been concluded in the fardbeyan that the accused had committed the murder of Ram Lal Munda on account of a land dispute.