BUDINATH BASKEY @ BUDDHINATH BASKEY Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellants are aggrieved by the impugned Judgment of conviction dated 17th March, 2007 and Order of sentence dated 20th March, 2007, passed by the learned 2nd Additional Sessions Judge, Pakur, in S.C. No. 177 of 2006, whereby, both 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 R.I. for life with fine of Rs. 5, 000/- each for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Mathial Marandi, recorded on 14.07.2006 at about 04:30 P.M., at village Salgapara, P.S. Pakuria, District Pakur, near the dead body of the deceased Shiv Charan Soren. It is stated in the fardbeyan that on 14.07.2006 at about 08:00 A.M., the informant was ploughing his field, situated at the distance of about 400 yards from the field of the deceased. The deceased Shiv Charan Soren was also ploughing his field. In the meantime, both the accused persons, namely, Buddhinath Baskey and Sona Ram Baskey came there and both of them started assaulting the deceased with lathi. They also dragged the deceased assaulting him, towards a mahua tree, belonging to Deputy Hansda and they continued assaulting the deceased by lathi. The informant and his wife and other persons also ran to save the deceased but the accused persons threatened them. The wife of the deceased also came and saw the occurrence. After assaulting the deceased, the accused persons fled away. The deceased died at the spot, and there were several marks of assault by lathi on the dead body of the deceased. It is stated in the fardbeyan that both the accused persons were trying to grab the land of Shiv Charan Soren, due to which they had committed the murder of the deceased. On the basis of the fardbeyan of the informant, Pakuria P.S. Case No.28 of 2006, corresponding to G.R. No.419 of 2006, was instituted against both the accused persons for the offence under Sections 302 / 34 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.