MUKUND MUNDA Vs. THE STATE OF JHARKHAND

JUDGEMENT

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

(2.) These criminal appeals are directed against the Judgment of conviction dated 26th August, 2016 and Order of sentence dated 29th August, 2016 passed by learned Additional Judicial Commissioner XIII, Ranchi in Session Trial No. 486 of 2011/Session Trial No. 517 of 2011/T.R. No. 11 of 2015, whereby the appellants were found guilty and is convicted for the offence punishable under Sections 302/34 of the Indian Penal Code; appellant Sohrai Munda was also found guilty and convicted for offence punishable under Section 27 of the Arms Act; and the appellants were sentenced to undergo rigorous imprisonment for life with a fine of Rs. 5,000/- each and in default of payment of such fine to undergo simple imprisonment for six months for the offence under Sections 302/34 of the Indian Penal Code; and appellant Sohrai Munda was further sentenced to undergo rigorous imprisonment for 5 (five) years and to pay a fine of Rs. 5000/- (Rupees Five Thousand) and in default of payment of fine further to undergo simple imprisonment for six months for the offence under Section 27 of the Arms Act. Both the sentences were ordered to run concurrently.

(3.) The prosecution case is based on the fardbeyan of Sita Devi (P.W.6), who is the wife of the deceased. She states that she along with her husband Bandhu Ahir (deceased) was going on cycle for her treatment at Rampur on 26.11.2010 at about 01.00 p.m. When they reached at Balicut Tungri Road, all of a sudden one person armed with pistol came on the road, upon which she told her husband to leave the cycle and flee. When the informant's husband was trying to flee, three persons came from the bush and caught her husband on chase. Four persons caught her husband and took him to a road-side ground and fired upon him. Informant heard three sounds of firing. Thereafter all the four persons fled away towards south direction. Thereafter when the informant reached near her husband, she found him dead. Informant has disclosed in her fardbeyan that the person, who came with pistol was of good physique, aged about 30 years, looked like an Aadivasi and all other three persons were aged about 25-30 years, who were wearing jackets and full pant. She has further stated that two persons were armed with pistol. In her fardbeyan she stated that she believes that because of land dispute, the above mentioned appellants caught the deceased and killed him with the help of some unknown persons.