BUDHU 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 impugned Judgement of conviction dated 27.04.2007 and Order of sentence dated 28.04.2007, passed by the learned Additional Sessions Judge, F.T.C.-II, Seraikella, in S.T. No. 95 of 2005, whereby, the appellants have been found guilty and convicted for the offences under Sections 148 and 302 / 149 of the Indian Penal Code. Upon hearing on the point of sentence, they have been sentenced to undergo R.I. for life and fine of Rs. 5,000/- each, for the offence under Sections 302 / 149 of the Indian Penal Code, and they have also been sentenced to undergo R.I. for two years each for the offence under Section 148 of the Indian Penal Code, and both the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of Nandi Soy, the wife of the deceased, Jeera Munda, recorded on 5.2.2005 at about 4:50 P.M at the place of occurrence, wherein the informant has stated that on the previous day, i.e., on 4.2.2005, she had gone to Toklo haat along with her husband and after making purchases, both of them were returning back to their village. At about 5:00 P.M in the evening, when they had reached near Rora hill, suddenly eight named accused persons, including these appellants came armed with farsa etc., and the accused Etwa Munda (not an appellant), assaulted her husband by farsa. Her husband tried to flee away for saving his life, but all the accused persons chased and assaulted him by farsa, in an agriculture field, due to which, he died at the spot. Thereafter, the accused persons also chased the informant, but she fled away for saving her life. She came to her village and informed the villagers. Some of the villagers also came to the place of occurrence. The accused persons fled away seeing the villagers approaching the place of occurrence. She has also stated that there was previous enmity with the accused persons and there was a case also for that, and due to the said enmity, the accused persons had assaulted her husband to death. She has also stated that as it had become night , she could not inform the police and on the next day, the fardbeyan was given. On the basis of the fardbeyan of the informant, Kuchai P.S Case No. 2 of 2005, corresponding to G.R No.102 of 2005, was instituted for the offence under Sections 302 / 34 of the Indian Penal Code, against eight named accused persons, including these appellants, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case against the accused appellants, keeping the investigation open against other accused persons.