BHUNESHWAR YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY Court.This appellant as well as one Nemia Devi were charged for committing offence under Sections 341, 323/34 and 302/34 of the Indian Penal Code whereas, five other co -accused who were also put on trial alongwith the present appellant, were charged for the offence under Sections 302/120B of the Indian Penal Code. The learned Trial Court, by the impugned judgment dated 10.10.2003, found this appellant guilty for the offence under Section 302 of the Indian Penal Code for committing murder of Rameshwar Yadav and sentenced him to undergo rigorous imprisonment for life. He acquitted the appellant from the charge under Section 341 of the Indian Penal Code but convicted him for the charge under Section 323 Indian Penal Code also and sentenced him to undergo rigorous imprisonment for six months and both the sentences were ordered to run concurrently. However, the learned Trial Court acquitted the co -accused Nemia Devi from the charge under Sections 302 and 341 of the Indian Penal Code. The rest of the co -accused namely Darshan Mahto, Jugal Mahto, Birju Mahto, Charku Mahto and Banshi Mahto were also acquitted from the charge under Section 302/120B of the Indian Penal Code. It is against this impugned Judgment, the present appeal has been filed by the appellant. I"

(2.) THE prosecution case in short is that a Fardbayan was lodged by the informant Girija Devi (Court Witness NO.1) wife of the deceased Rameshwar Yadav on 30.12.1997 alleging that on 29.12.1997, at about 10:00 A.M., her husband Rameshwar Yadav and his elder brother Ramlal Yadav brought wood from the forest for constructing 'Machan' for storing paddy straw. At 12:00 O'clock, Bhuneshwar Yadav, the present appellant, his mother Nemia Devi and sister Savita Kumari armed with Tangi, Farsa and Lathi respectively, allegedly came there and started hurling abuses. When her husband Rameshwar Yadav (deceased) protested, the appellant Bhuneshwar Yadav said to have given a Tangi blow on his head. His mother Nemia Devi assaulted Bhuneshwar Yadav with Farsa and Savita Kumari assaulted with Lathi. As a result of which, her husband fell down being badly injured. The informant as well as her brother -in -law (Bhainsur) Ram Lal Yadav and sister -in -law (Gotni) Krishna Kumari rushed to save Bhuneshwar Yadav whereupon, the accused persons assaulted all of them causing injures on their heads and on different parts of their body. According to the informant, her husband Rameshwar Yadav died on the spot and thereafter, the accused pers,ons fled away. The said occurrence was witnessed by Chaman Yadav, Tukani Devi and others. The motive for murder was that a week back, the informant and her family members had brought wood and leaves from the forest and this appellant Bhuneshwar Yadav got apprehended through the Village Committee and for that, a fine of Rs. 40/ - was imposed upon them. On the date of occurrence also, the informant and others brought wood from the forest which enraged the appellant.

(3.) IN order to establish the charges, altogether 13 P.Ws. were examined by the prosecution and the informant Girija Devi was examined as C.W. -1. Two defence witnesses were also examined.