JAGDISH YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellants are aggrieved by the impugned Judgment of conviction dated 13th July, 2009 and Order of sentence dated 15th July, 2009, passed by the learned Additional Sessions Judge, F.T.C. No.1, Palamu at Daltonganj, in S.T. No. 146 of 2006, 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 were sentenced to undergo R.I. for life with fine of Rs. 3000/- each, for the said offence.

(3.) The prosecution case was instituted on the basis of the written report submitted at the Police Station on 16.09.2005, by the informant Mukhdeo Yadav, the brother of the deceased Basudeo Yadav, in which he has stated that on 15.09.2005, at about 00 P.M., he along with his deceased brother Basudeo Yadav was going for his own treatment from village Basantpur (also stated as village Bataspur by some witnesses) to village Ledgai. When they reached near Shiv Sthan, in the Dumarkhol forest, all the four accused persons came and surrounded his brother and assaulted him by tangi and katari. It is stated that accused Jagdish was armed with tangi and Faguni Chamar was armed with katari. Upon seeing the occurrence, the informant ran away towards Kolhua Dam and raised the alarm, whereupon some cattlemen came there, and he also send information to the villages Ledgai and Naudiha. The villagers came and the dead body of the deceased was brought to his house in village Ledgai. The Chowkidar was also informed, and on the next day, the informant along with the dead body came to the Police Station. He has stated in the written-report that few days ago the cattle of Jagdish had destroyed the crop of the informant, due to which, and also due to practicing witchcraft, there was enmity between the parties, for which the accused persons had committed the murder of his brother. On the basis of the written report of the informant, Patan P.S. Case No. 117 of 2005 corresponding to G.R. No. 1444 of 2005, was instituted for the offence under Sections 302 / 34 of the Indian Penal Code, against all the four accused persons, and investigation was taken up. After investigation, the police submitted the charge-sheet in this case.