BANDHU MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellants are aggrieved by the Judgement of conviction dated 27. 06. 2005 and order of sentence dated 29. 06. 2005 passed by the learned Additional Sessions Judge, F. T. C. , Lohardaga, in S. T No. 600 of 1997, whereby, the appellants have been found guilty and convicted for the offence under Sections 302 / 34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo rigorous imprisonment for life for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of Somri Devi (Mundain) @ Phool Kumari, who is the wife of the deceased Niru Munda, recorded at the village lane near her village, on 10. 09. 1996 at 11:00 A. M. in the morning, wherein she has stated that on the previous day at about 4:00 P. M. , there was a quarrel between her son Surja Munda and Akhilesh Munda, the son of the accused Bandhu Munda, while they were playing. For that quarrel Bandhu Munda was abusing the informant and her husband in filthy languages in the evening, threatening to kill them. At about 8:00 P. M. in the night, the accused persons, viz. , Bandhu Munda, Lachhan Munda and Makund Munda, came at her house in drunken state, armed with lathi, and they started dragging away the husband of the informant assaulting him by lathi. The informant pleaded to leave her husband, whereupon Bandu Munda assaulted her on her head and shoulder. Her son, Surja Munda and daughter Surajmani Kumari were also with her and they also pleaded to spare their father, but the accused persons dragged her husband to their door and they tied her husband with a pole and all the three accused persons started assaulting him by lathi.