KANO BASKI Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) Appellants are aggrieved by the impugned Judgement of conviction dated 31.05.2007 and Order of sentence dated 01.06.2007, passed by the learned 1st Additional Sessions Judge, Jamtara, in Sessions Case No. 57 of 2000 / 21 of 2003, 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 and fine of Rs. 5000/- each for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Munna Prasad, the brother of the deceased Shivlal Prasad, recorded on 206.1999, near a pond in village Jabardaha, P.S. Nala (Bindapathar), District Jamtara, near the dead body of the deceased. The informant and his deceased brother were the residents of State of West Bengal, and the deceased was a Truck Driver. It is stated in the fardbeyan that on 21.06.1999, at about 9 A.M., the deceased had gone along with one Babujan Tudu on his motorcycle to Kundahit Police Station in connection with some case. While, they were returning back, at the request of the deceased, the deceased and Babujan went to the house of Kano Baski at village Jabardaha, where they took liquor. When they were returning back, Kano Baski and 5 to 6 persons surrounded their motorcycle and took both of them in the house on the pretext of some meeting. In the meantime, Shivlal Prasad went to the house of Labeshwar Baski, the Pradhan of the village, but Babujan remained in the house of Kano Baski. On 22.06.1999, Shivlal Prasad along with the village Pradhan Labeshwar Baski came to the house of Kano Baski and there was a meeting with Kano Baski, his father-in-law Chando Marandi, brothers-in-law Dilip Marandi and Ishwar Marandi, with respect to some affair of the deceased with the daughter of Chando Marandi, and it was decided that the deceased shall not meet and keep any relationship with the said girl. In the course of meeting all of them took liquor and then Kano Baski, Chando Marandi, Dilip Marandi and Ishwar Marandi told that they would kill Shivlal Prasad and they started dragging Shivlal Prasad towards the pond. While they were taking Shivlal Prasad toward the pond, Babujan Tudu fled away on his motorcycle to save himself. On 206.1999 Labeshwar Baski informed the informant that his brother has been murdered, whereupon the informant asked Babujan Tudu, who informed him about the aforesaid facts. Thereafter they went towards the pond in village Jabardaha, where dead body of deceased was found with injuries. The informant claimed that the accused persons, namely, Kano Baski, Chando Marandi, Dilip Marandi and Ishwar Marandi had committed the murder of his deceased brother, assaulting him by stones, due to the fact that his deceased brother was having affair with the daughter of Chando Marandi, and he had gone to meet her. On the basis of the fardbeyan of the informant, Nala (Bindapathar) P.S. Case No. 37 of 1999 was instituted for the offence under sections 302 / 34 of the Indian Penal Code, against the named accused persons and the investigation was taken up. After investigation, the police submitted the charge-sheet in the case.