KARU PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Lalit Yadav, learned counsel for the appellant in Cr. Appeal DB No. 1112 of 2012. No one appears for the appellants in Cr. Appeal DB Nos. 396 of 2013 and 36 of 2013. Accordingly Mr. Girish Mohan Singh is appointed as Amicus Curiae in the present case to assist the court.

(2.) This application is directed against the judgment dtd. 6/10/2012 passed by the learned Principal Sessions Judge, Lohardaga in S. T. No. 37 of 2010/S.T. No. 42 of 2010 whereby and whereunder the appellants have been convicted for the offences under Sec. 302/34 of the I.P.C. and Sec. 341/34 of I.P.C. and all the appellants have been sentenced to undergo R.I. for life for the offence under Sec. 302/34 of I.P.C. along with a fine of Rs.5,000.00 so far as the appellants in Criminal Appeal (DB) No. 36 of 2013 and 1112 of 2012 are concerned and Rs.10,000.00 to the appellant in Criminal Appeal (DB) No. 396 of 2013. So far as the sentence imposed upon the appellants under Sec. 341/34 of I.P.C. is concerned, all have been sentenced to undergo S.I. for a period of one month and a fine of Rs.200.00 each.

(3.) The prosecution story in brief is that on 2/8/2009 at about 8 P.M., the informant was sitting along with her husband (Rambilash Yadav), her daughter, mother-in-law and father near the boundary wall of the house and the accused came and demanded money from her husband. It has been alleged that when her husband disclosed that he did not have any money, an altercation began to which the accused persons went back, but returned back after 5 minutes. It has been alleged that Dhaneshwar Paswan and Nandu Baitha had caught the hand of the deceased and Karu Paswan had given a Tangi blow. On raising alarm, the villagers assembled and the accused persons fled away. It has been alleged that the husband of the informant was taken to Kuru hospital for treatment from where he was referred to RIMS, Ranchi. The reason for the occurrence as has been described in the Fard Bayan is that Dhaneshwar Paswan had earlier taken an amount of Rs.3,000.00 from the deceased for going to the brick kiln and he was demanding a further amount of Rs.25,000.00. It has also been stated that Rambilash Yadav died during the course of treatment. Initially, Kuru P. S. Case No. 64 of 2009 based on the aforesaid allegation was registered for the offences under Ss. 341/307/34 of I.P.C. and on account of the death of Rambilash Yadav vide order dtd. 8/9/2009, Sec. 302 of I.P.C. was added. After investigation, charge-sheet was submitted against Karu Paswan and Dhaneshwar Paswan pursuant to which cognizance was taken and the case was committed to the Court of Sessions. Subsequently, however a supplementary charge-sheet has been submitted against Nandu Baitha in which after taking of cognizance, the case was committed to the court of Sessions. Vide order dtd. 8/5/2010 S. T. No. 37 of 2010 and S. T. No. 42 of 2010 were amalgamated. Charges were framed under Sec. 302/34 of I.P.C. and under Sec. 341/34 of I.P.C., to which the accused persons pleaded not guilty and claimed to be tried.