SHAMBHU CHARAN BOBONGA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All the four appellants were put on trial along with others namely, Asha Bobonga and Tuni Mai Bobonga to face charges under section 302/34 of the Indian Penal Code for committing murder of one Budh Ram Bobonga in furtherance of their common intention. The trial court while acquitting two persons, namely, Asha Bobonga and Tuni Mai Bobonga found these four appellants guilty for the offences and hence, sentenced them to undergo imprisonment for life.

(2.) The case of the prosecution is that on 28.4.1998 Budh Ram Bobonga (deceased) at about 5 A.M. left home to see Manki, of his village Niranjan Bobonga (P.W.1) to let him know that a case has been decreed in his favour so that he may make it known to all the villagers. After visiting the house of P.W.1, when he was returning home and reached near his house at about 7 A.M, he was accosted by one of the accused, namely, Roya Bobonga (since died) by holding knife in his hand and as such, Budh Ram Bobonga called his daughter Meena Kumari (P.W.5) to come out, upon which she came out of the house and saw appellant Rabi Bobonga rushing towards his father by taking bow and arrow as well as iron rod. At the same time, Bibhisan Bobonga came rushing by taking farsa in his hand. All the three persons by dragging Budh Ram Bobonga brought him to a field. At the same time, other appellants Nandlal Bobonga by taking knife and Shambhu Charan Bobonga as also Asha Bobonga and Tuni Mai Bobonga reached over there and all of them started assaulting Bodh Ram Bobonga. Meanwhile, the appellant Shambhu Charan Bobonga by taking farsa from Bibhisan Bobonga gave blow on the neck of the deceased. Thereafter Bibhisan Bobonga took farsa from Shambhu Charan Bobonga and gave three blows on the head and neck of the deceased. Ravi Bobonga assaulted the deceased with iron rod whereas other appellants, namely, Asha Bobonga, Tuni Mai Bobonga and Roya Bobonga assaulted the deceased with fists and slaps and also with stone, as a result of which the deceased died and thereafter Bibhisan Bobonga declared that by committing murder of Budh Ram Bobonga he has kept his promise. Thereafter the appellants fled away.

(3.) Further case is that while the deceased was being assaulted by the accused persons, Shanti Purti, (P.W.4) wife of the deceased came at that moment from the field and saw the occurrence and then out of fear, she came to the house of Niranjan Bobonga (P.W.1) to inform him about the occurrence. Later on Meena Kumari (P.W.5) daughter of the deceased also came to the house of Niranjan Bobonga (P.W.1) and told him about the occurrence, who then came to the Noamundi Police Station and informed that a murder has taken place in village Regarbera. Upon which an entry was made in the station diary and the Officer -in -Charge of Noamundi Police Station came to the place of occurrence at 11 A.M. and recorded the Fardbeyan (Ext.2) of Meena Kumari (P.W.5), who stated about the occurrence, as has been stated above and also stated that his father was done to death on account of land dispute going on since long but the case had been decreed in favour of her father. The Officer -in -Charge Md. Asgar Hussain (P.W.6) took up the investigation and held inquest on the dead body of the deceased and prepared inquest report (Ext.4). The Investigating Officer when found blood at the place of occurrence, he seized earth smeared with blood under seizure list (Ext.6) . Further on the confession made by accused Bibhisan Bobonga, farsa as well as iron rod was recovered from the house of Bibhisan Bobonga which was seized under a seizure list Ext.8. Thereafter the dead body was sent for post mortem examination, which was conducted by Dr. Ranvir Singh (P.W.7) and found the following injuries: