BIJAY MURMU @ BIJAY SOREN Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the impugned Judgment of conviction dated 205.2006 and Order of sentence dated 24.05.2006, passed by the Additional Sessions Judge, Fast Track Court, Sahibganj in Sessions Case No. 45(A) of 1993/T.R. No.35 of 2004, whereby, the appellant has been found guilty and convicted for the offences under Sections 302/149 of the Indian Penal Code and Sections 307/149 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life for each of the offences under Sections 302/149 of the Indian Penal Code and Sections 307/149 of the Indian Penal Code.

(3.) The prosecution case is based on the fardbeyan of the informant Sanjhali Soren recorded by Ramdeo Prasad, Officer-in-Charge, Borio Mirzachowki P.S. on 011.1981 at 7 p.m. that her father Pairu Soren possessed 25 Bigha of land in village Dayalpur and Karla Bandh and paddy crops was sown by her father in the said field. On 011.1981 at about 10.00 a.m., the informant Sanjhali Soren along with her father Pairu Soren, mother Noha Hansda, her elder brother Baijnath Soren, her uncle Dhobo Soren, her aunt Sanjhali Murmu and co-villagers Day Baski, Dhena Murmu, Talka Murmu, Ragdu Baski, Basiya Soren, Dhotey Baski, Lengra Baski, Ludhu Baski and others came to the said field of her father for harvesting the paddy and they harvested the paddy crops of six kiyaries of mouza Karla Bandh and kept it on Bishanpur Pokhar in bundles and thereafter the informant and her companions were returning to harvest the paddy of two fields of village Bishanpur. Meanwhile, Santhals of village Dayalpur Jabdi Bhagouna (Pandariya) and muslims of village Bishanpur about hundred in number, armed with lathi, bhala, sabbal, axe, sickle, balbat, bow and arrow and forming an unlawful assembly surrounded the informant and her companions. Informant identified that Chunda Murmu was holding axe, Talang Baski with bhala, Sangram Marandi with sabbal, Bijay Soren with sickle, Baijal Hansda with balbat and Chunda Baski, Badam Murmu and Damku Tudu with lathi. All these accused persons surrounded the informant and her companions in the paddy field in the west side of village Dayalpur where there were two trees of khajoor. Accused Chunda Murmu inflicted injury on the head of Pairu Soren with axe. Accused Talang Baski inflicted spear injury at the head of Noha Hansda (mother of informant), accused Chunda Baski, Sangram Marandi and Baijal Hansda caused injury to Baijnath Soren (brother of informant) by balbat and sabbal and accused Baijal Hansda and Bijay Soren inflicted injuries at the face and other parts of the body of her uncle Dhobo Soren with balbat and sickle causing murder of Pairu Soren, Noha Hansda, Baijnath Soren and Dhobo Soren. An arrow was pierced in the back of Basiya Soren. Further She stated that while accused persons were assaulting, her uncle Dhobo Soren, he entered in the house of Bare Mian of village Bishanpur to save himself but Bare Mian ousted him from the house. Her sister Manjhali Soren also got injury from Lathi. The occurrence took place at about 2 p.m. and the the land for which the accused persons committed the murder of her father and others and injured other persons was subject matter of litigation prior to the occurrence but her father was in possession of the said land and they were cultivating since before. On alarm many persons reached to the place of occurrence then accused persons fled away. Informant also stated that her other companions have identified remaining accused persons from their face as they are not aware from their names.