MANGAT MURMU 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 6th March, 2008, and Order of sentence dated 7th March, 2008, passed by the learned 1st Additional Sessions Judge, Pakur, in S.C. No. 101 of 2007, whereby, the appellant has been found guilty and convicted for the offences under Sections 148, 452, 380 and 302 / 34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life for the offence under Section 302 / 34 of the Indian Penal Code, simple imprisonment for two years for the offence under Section 148 of the Indian Penal Code, simple imprisonment for five years for the offence under Section 452 of the Indian Penal Code and simple imprisonment for two years for the offence under Section 380 of the Indian Penal Code. He was further directed to pay Rs.10, 000/- as compensation to the wife of the deceased.

(3.) The case relates to double murder, and the prosecution case was instituted on the basis of fardbeyan of the informant Sanjhali Murmu, the wife of one of the deceased Barka Hembrom, recorded on 212.2006, at about 12.00 P.M., at her village Karmatand, P.S. Littipara, District Pakur. She has stated that in the previous night all the family members had gone to sleep and she was also sleeping with her husband on the Southern verandah of her house. At about 11:00 P.M. to 12:00 A.M. in the night, five to six persons entered into the house, they lifted the veil by which the informant and her husband were covered, and in the light of the torch, one of them gave the order to kill, whereupon, her husband woke up and tried to flee away. She identified in the light of the torch and in the light of the earthen lamp which was burning there, that one of them was Mangat Murmu, the appellant, who had given the orders to kill upon identifying her husband. The other unknown persons who were along with Mangat Murmu, started chasing her husband with knives in their hands and in the Northern verandah, they apprehended her husband and assaulted him by knife on his chest, stomach and back, due to which he died at the spot. In the meantime, her father-in-law Karan Hembrom @ Guchu Hembrom raised the alarm, but he was also assaulted by the accused persons by knife on his neck and stomach causing serious injuries to him. The accused persons also started searching her elder brother-in-law Lukhiram Hembrom, but upon hearing the noise, her brother-in-law fled away from the house to save himself. While going away, the accused persons also took away a box from the house containing the silver ornaments about 1 k.g. and Rs.12,000/- cash, apart from the clothes and other articles. She has stated that the occurrence had taken place due to the land dispute between the parties and the accused wanted that the informant's family should leave the land as her grand father-in-law was a Gharjamai in the house and since then they were living in that house. On the basis of the fardbeyan of the informant, Littipara P.S. Case No. 58 of 2006, corresponding to G.R. No. 774 of 2006, was instituted for the offences under Sections 302, 307, 326, 323, 450 and 380 / 34 of the Indian Penal Code, and investigation was taken up. It may be stated that the father-in-law of the informant also died on the next day, while undergoing treatment in the hospital. After completing the investigation, the police submitted the charge-sheet in the case against the sole appellant.