LADE TURI Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellants are aggrieved by the Judgment of conviction and Order of sentence dated 10.05.1993, passed by the learned 1 st Additional Sessions Judge, Gumla, in S.T. No.32 of 1991, whereby, both 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, these appellants have been sentenced to undergo life imprisonment for the said offence.

(3.) The prosecution case was instituted on the basis of the F.I.R. lodged at Palkot P.S. by Buda Turi, the brother of the deceased Bharthu Turi, on 15.05.1990 at about 06:30 A.M., in the morning, wherein it is stated that on the previous evening at about 07:00 P.M., the informant, along with his brothers Phiru Turi, Bharthu Turi and wife of Bharthu Turi, namely, Bandhani Turin were talking among themselves in front of their house as to why bamboo was put in their land by the family members of their uncle. This talk was overheard by Butna Turi, the nephew of the informant. He came out of his house with a tangi and assaulted Bharthu Turi. Bharthu Turi tried to save himself by his hand due to which he was injured in his hand. In the meantime, Lade Turi, the uncle of Butna Turi also came there armed with a balua and he assaulted Bharthu Turi, causing injuries on his head and mouth, whereupon Bharthu Turi fell down. The informant and other family members ran to their house out of fear, and when Butna Turi and Lade Turi went away, they came out from their house and saw Bharthu Turi dead, with injuries on his head and mouth. In the night, the chaukidar was informed about the occurrence and thereafter in the morning, the informant went with the chaukidar to the Police Station, where the F.I.R. was lodged. It is stated in the F.I.R. that the occurrence had taken place due to the land dispute between the parties. On the basis of the F.I.R., Palkot P.S. Case No.23 of 1990, corresponding to G.R. 314 of 1990, was instituted for the offence under Sections 302 / 34 of the Indian Penal Code against both the accused persons and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.