BUDHAN SINGH HESSA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant as also learned counsel for the State.

(2.) The sole appellant is aggrieved by the judgment of conviction dated 21-7-2010 and Order of sentence dated 26-7-2010, passed by the learned Additional Sessions Judge, F.T.C.-I., West-Singhbhum at Chaibasa, in Sessions Trial No. 100 of 2006, whereby, the appellant has been found guilty and convicted for the offences under Sections 148 and 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to R.I. for life for the offence under Sections 302 of the Indian Penal Code and R.I. for two years for the offence under Section 148 of the Indian Penal Code, and both the sentences were directed to run concurrently.

(3.) The case relates to double murder, and the prosecution case was instituted on the basis of the fardbeyan of Harish Chandra Hessa, who is the brother of the deceased Subhash Hessa and Ghanshyam Hessa, recorded on 19-12-2003 at about 9.00 a.m. at his village Kenjra, Tola Sosopi, P.S. Tonto, District West-Singhbhum, wherein the has stated that on the previous day, i.e., on 18-12-2003 at about 4.30 p.m. he was in his house. Upon hearing the noise, he came out of his house and came near the house of his brother, Bhuiyan Hessa, and he saw ten named accused persons, including the present accused Budhan Singh Hessa, chasing his brothers Ghanshyam Hessa, Subhash Hessa and Bhuiyan Hessa who were working in A.C.C. factory, at Jhinkpani. His brother, Ghanshyam Hessa was injured by an arrow, whereupon, he fell down. The other brother, Subhash Hessa was trying to pull out the arrow from the wound, whereupon Jai Singh Purty came there armed with bhujali, and pierced the bhujali in the abdomen of Ghanshyam Hessa, causing his death at the spot. Thereafter Budhan Singh Hessa chased his brother Subhash Hessa and pierced the bhujali in his chest, causing his death also at the spot. His brother Bhuiyan Hessa was also injured and when the informant was trying to take out the arrow from the wound of Bhuiyan Hessa, Disingh Hessa shot arrow upon him causing injuries at his left hand. Thereafter, all the accused persons fled away. The informant informed the village Munda about the occurrence in the morning. It is stated that the occurrence had taken place due to the dispute of fetching water from a hand-pump. On the basis of the fardbeyan of the informed, Tonto P.S. Case No. 22 of 2003, corresponding to G.R. No. 522 of 2003, was instituted for the offence under Sections 147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code, against the named accused persons, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case. It appears that the accused persons have been apprehended at the different points of time and they have been tried separately in different Session Trials. So far as the present accused, Budhan Singh Hessa is concerned, he was tried in S.T. No. 100 of 2006.