LAKSHMAN SINGH MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellants, Mr. Vishal Kumar Tiwary assisted by Ms. Kirti Saboo, Advocates and Ms. Lily Sahay, learned Additional Public Prosecutor, appearing for the State.

(2.) The instant criminal appeal is directed against the judgment of conviction and order of sentence, both, dated 07.07.2003, passed by the learned Additional Judicial Commissioner-II, Khunti, in Sessions Trial No. 364/1997, whereby these appellants, Lakshman Singh Munda, Raghunath Singh Munda and Chhotu Singh Munda have been convicted by the learned trial Court for offence committed and punishable under Sections 324/149 of the Indian Penal Code and awarded sentence of rigorous imprisonment for six months. Two other accused of the present case namely, Bairam Singh Munda and Kalewar Singh Munda have died during the pendency of the trial and as such, their case has been expunged.

(3.) The prosecution case is based upon the fardbeyan of Sufal @ Rengta Munda, recorded by A.S.I. Singrai Soy of Sonahatu Police Station, on 10.01987, at 19.30 hours, in State dispensary, Sonahatu. It is alleged by the informant, that he along with Basudeo Munda were returning from river Kanchi, after washing their buffaloes and as soon as they reached near the land of Birbal Mahto, which is in the Eastern side of their village, accused Lakshman Singh Munda, Bairam Singh Munda, Kalewar Singh Munda, Ragunath Singh Munda and Chhotu Singh Munda, all having tangi in their hands, came there, from the village side and all of a sudden Lakshman Singh Munda has assaulted Basudeo Singh Munda by means of tangi, thereafter, Bairam Singh Munda, Kalewar Singh Munda, Raghunath Singh Munda, Chhotu Singh Munda, have also started assaulting Basudeo Singh Munda by means of tangi, due to which Basudeo Singh Munda sustained injury and fell down on the ground. On seeing Basudeo Singh Munda, being assaulted, the informant fled away to save his life. On brawl, Dalgovind Singh Munda came there but in the meantime accused persons fled away. Thereafter, the: informant along with Dalgovind Singh Munda brought the injured, Basudeo Singh Munda to the house. Basudeo Singh Munda was unconsciousi, since the time of occurrence. Then, the informant. Dalgovind Singh Munda. Jairam Singh Munda, Haripado Singh Munela took the; injured. Basudeo Singh Munda to the Sonahatu Government Hospital for treatment. Further, it has been alleged by the informant, that with an intention to kill Basudeo Singh Munda, the accused persons have assaulted Basudeo Singh Munda by means of tangi on his head, neck, right hand and both arm-pits. It has been further alleged, that there is a dispute regarding partition of land between the parties and for which, a case is pending before the Court. The informant has further alleged, that the accused persons have assaulted Basudeo Singh Munda by means of tangi with intention to kill him.