MOHAN BHUIYA Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the impugned Judgement of conviction and Order of sentence dated 24.10.2007, passed by the learned Additional Sessions Judge, F.T.C.-VI, Dhanbad, in S.T No. 334 of 1986, whereby, the appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life with fine of Rs. 1000/- for the said offence. It may be stated that the wife of the appellant, namely, Chamelwa Devi, had also faced the trial along with the appellant, but she has been acquitted by the Trial Court below.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Durga Das, who is a close relative of the deceased, Sukar Das. The dead body of the deceased was brought to the Dhansar Police Station, by the informant along with other persons, who were also injured in the occurrence, and the fardbeyan was given at the Police Station itself on 06.01985 at about 22:30 hours, wherein it is stated that on the same day at about 9:30 P.M in the night, his father Hulas Das was invited by the accused Pagla Bhuiya, the maternal uncle of the accused Mohan Bhuiya, for taking meal. The mother and the sister of the informant also followed his father, and after some time, the informant brought them back to his house. His father and mother had consumed liquor also at the house of the accused. Thereafter Sukar Das and his wife, the mousa and mousi, of the informant, also visited their house, and at about 9:45 P.M in the night, the accused Mohan Bhuiya, Pagla Bhuiya, Chamelwa Devi and other three unknown persons came armed with bhujali, lathi and stones etc., and they were putting a gumti (small wooden shop), which was located in front of the house of the informant, on fire, which was objected to by the father of the informant, whereupon there was quarrel between them. Sukar Das, the mousa of the informant intervened in the quarrel, whereupon, Mohan Bhuiya assaulted Sukar Das by bhujali, causing injuries in his body from lip up to his chest, due to which, he fell down and died. Tanka Das, the brother of the informant tried to snatch away the bhujali from Mohan Bhuiya, in which, he was injured in his hand. Thereafter, the informant snatched the bhujali from the hand of Mohan Bhuiya. Thereafter Mohan Bhuiya assaulted the informant by stone on his head, causing injuries, due to which, the informant fell down. The mousi of the informant was also assaulted and injured by Mohan Bhuiya. Chamelwa Devi, the wife of Mohan Bhuiya also made assaults by stone. The informant's brother Tanka Das was also assaulted by Pagla Bhuiya, Chamelwa Devi and other persons by lathi and stones, causing bleeding injuries on his head, and the sister of the informant, Laliya Devi was also assaulted and injured by the accused persons. It is stated in the fardbeyan that the said gumti was belonging to one Baro Bhuiya, with whom the accused persons had enmity and since the informant's side objected to put the gumti on fire, the accused persons had assaulted Sukar Das to death and injured the other persons. On the basis of the fardbeyan of the informant, Dhanbad P.S Case No.102 of 1985, corresponding to G.R No.560 of 1985, was instituted for the offences under Sections 147, 148, 149 and 302 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case against the three named accused persons. The impugned Judgment shows that the accused Pagla Bhuiya was absconding, and the trial was faced by the appellant Mohan Bhuiya and his wife Chamelwa Devi.