MAN MOHAN SINGH MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS criminal appeal has been preferred by the appellants against the judgment of conviction and order of sentence dated 30.6.2001 passed by 1st Additional Judicial Commissioner, Khunti (Ranchi) in S.T. No. 449 of 1989.

(2.) THE appellants were charged for killing Mukund Singh Munda and causing injuries to Shashi Bhushan Singh Munda and informant Banmali Singh Munda in attempt to kill them for the offence under Sections 302/34 and 307/34 I.P.C. They have been convicted by the impugned judgment and sentenced to undergo life imprisonment for the offence under Section 302/34 and seven years imprisonment for the offence under Section 307/34.

(3.) PROSECUTION case, in brief, is that on 29.6.1987 at about 7 -8 a.m. while the informant's son Mukund Singh Munda was at his Bakast land of Khata No. 57, the co -villagers Man Mohan Singh Munda, Ganesh Singh Munda, Kartik Singh Munda and Tipu Singh Munda (the accused appellants)) arrived there with cow and bullocks having lathi in their hands and were passing through the informant's field. Mukund Singh Munda protested and told them not to take their cattle through the land. The reason alleged is that appellants also have not allowed the informant to take their cattle through their lands. This laid to a sudden quarrel and thereupon the accused appellants assaulted Mukund Singh Munda, the informant's son with lathi causing him multiple and bleeding injuries. Then the informant and his younger brother Shashi Bhushan Singh Munda rushed to rescue Mukund Singh Munda. The accused appellants hit them on their head and back with lathi causing him bleeding injuries. The informant's son became unconscious. Informant then raised alarm and several persons assembled and with their help they took the said injured persons to police station and gave the said information. It is relevant to mention that on 3.7.1987, Mukund Singh Munda succumbed to injuries in course of treatment in Rajendra Medical College, Ranchi.