MATISAN BHUMIJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants were put on trial along with Hare Ram Bhumij on the allegation that they in furtherance of their common intention committed murder of Binda Manjhi and Uma Manjhian after abducting them. They having been found guilty for the said charges were sentenced to undergo imprisonment for life for the offence under Section 302/34 of the Indian Penal Code and were also sentenced to undergo rigorous imprisonment for six years for the offence under Section 364 of the Indian Penal Code. Both the sentences were ordered to be run concurrently.

(2.) The case of the prosecution is that on 15-4-1990 the informant Rukmani Manjhian (P.W.8) was sleeping inside the house along with her husband Saheb Ram Manjhi (P.W.6), while her father-in-law Brinda Manjhi (deceased) as well as mother-in-law Uma Majhiain (deceased) were sleeping outside the house. At about 3-4 a.m., the appellant Hare Ram Bhumij (died) and his son Litu Bhumij came over there and started abusing her father-in-law and mother-in-law. On hearing this, she woke up and came out of the house and saw both the accused dragging her father-in-law and mother-in-law which was objected by her husband Saheb Ram Manjhi (P.W.6) but he was assaulted by the appellant Litu Bhumij by lathi. They took both of them towards their house by dragging where both of them were done to death. Thereafter accused persons took the dead bodies towards forest by their Auto Rickshaw and got the dead bodies burnt.

(3.) Further case of the prosecution is that Choukidar of village Tilaidih informed the Officer-in-Charge of Potka Police Station on the same day at about 11 a.m. that some persons has been murdered at village Tilaidih. Upon which station diary entry was made and the Officer-in-Charge of Potka Police Station Ram Gopal Lahiri (P.W.11) proceeded to the place of occurrence where he reached at about 2.30 p.m. and recorded the Fardbeyan (Ext.4) of Rukmani Manjhian (PW.8) wherein she stated that accused persons committed murder of both the persons as they suspected them to be the culprit of causing death to the daughter of accused Litu Bhumij by practising witchcraft- After recording the Fardbeyan, Officer-in-charge himself took up the investigation of the case and made inspection of the place of occurrence and recovered the dead bodies from the forest and made inquest on the dead bodies and prepared Inquest Reports (Exts.5 and 5/1) and sent the dead bodies for post mortem examination which was conducted by Dr.Sheo Shankar Prasad (P.W.5) who found the following ante mortem injuries on the person of Binda Manjhi.