RISHIKESH MAHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ALL the nine appellants were charged under section 302/34 of the Indian Penal Code for committing murder of one Noonamani Dasi in furtherance of their common intention. The trial court having found all the appellants guilty for the said offence sentenced each of them to undergo imprisonment for life.

(2.) THE case of the prosecution is that on 9.10.1989 the informant Ram Dayal Mahra (P.W.8) along with others, namely, Narayan Mahra (P.W.4), Fagu Mahra, Mochan Mahra and Rajan Mahra were playing musical instruments at the community hall situated in the village Burhwatanr and when they saw all the appellants coming to community hall at about 5 P.M, they stopped playing their musical instruments as there has been animosity in between the parties. On reaching there the appellant Indradeo Mahra asked them to play music again but they did not do so. Upon it, Indradeo Mahra and also other appellants started assaulting him. On seeing this, Noonamani Dasi, mother of the informant came rushing over there and tried to save her son from being assaulted. But all the appellants started assaulting her and the appellant, Baldeo Mahra pulled her down to the ground by catching hold of her hair. Thereafter the appellant Indradeo Mahra sat over her chest and pressed it forcibly. At that point of time, covillager, Jitu Mahra (P.W.2) came and tried to save the mother of the informant from being assaulted, but said Jitu Mahra was also assaulted by the appellant, Rishikesh Mahra. The appellants in that course also assaulted Narayan Mahra (P.W.4) brother of the informant.

(3.) ON opening the chest of the deceased, Dr. did find fracture of 2nd, 3rd , 4th and 5th ribs of the right side. Pleura and right lung was found injured at the site of fracture.