BIRSA SANGA Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the impugned Judgment of conviction dated 13th August 1996, and Order of sentence dated 21.8.1996, passed by the learned Additional Judicial Commissioner, Khunti, in S.T. No.258 of 1995, whereby the appellant has been found guilty and convicted for the offences under Sections 302 / 34 and 201 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life for the offence under Sections 302 / 34 of the Indian Penal Code, and R.I. for seven years for the offence under Section 201 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 the informant Mako Sanga, the son of the deceased Ram Sanga, recorded on 8.01.1995, at the place of occurrence in Guchu forest, situated in P.S. Karra, in the then District of Ranchi, wherein, it is stated that the father of the informant had gone to Lodhama market on 2.1.1995, but as he did not return, he was searched. There was no clue of his father till 5.1.1995, and accordingly, the missing report was given in the Police Station, and he was also searching his father. One Etwa Pahan informed him that on the day of market, i.e., on 2.1.1995 itself, he had taken haria (the local wine made of rice), with the father of the informant, and thereafter he had returned back. Subsequently, the informant was also informed that they had taken haria, at the place of Hissi Mundain, and the accused Birsa Sanga, Chanda Sanga and Ram Sanga were also there, and there was an altercation among them also. On 7.1.1995, the dead body of the deceased was found in decomposing stage, with injuries by sharp cutting weapons, and maggots were also on the dead body. It is further stated that in the month of October, last year, several persons had died in the village due to diarrhea, and since his father was a Pahan, the villagers were accusing that he had not done the rituals properly, due to which, the calamity had befallen them, and there was also a meeting on 23.10.1994, in which, also, these accused persons had taken up the quarrel with his father. Claiming, that these accused persons had committed the murder of his father for the said motive, the fardbeyan was given by the informant, on the basis of which, Karra P.S. Case No.8 of 1995, corresponding to G.R. No.16 of 1995 was instituted against unknown, for the offences under Sections 302, 201, 120-B of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.