KANCHAN MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Criminal Appeal has been preferred by the appellant against the judgment of conviction and order of sentence passed by the learned 3rd Additional Judicial Commissioner, Ranchi in S.T. No. 808 of 1991.

(2.) SEVEN accused persons including this appellant were charged for committing offence under Sections 148 and 302 of the Indian Penal Code. Six accused persons on conclusion of trial were acquitted while the appellant has been held to be guilty for committing offence under Section 302 of the Indian Penal Code on the charge of murder of Mahadeo Munda and has been convicted and sentenced to undergo life imprisonment.

(3.) THE prosecution, in brief, is that on 20.8.1991 at about 7:00 P.M. while Mahadeo Munda (deceased), Sahdeo Munda, Bhola Munda, Sukesh Munda, Arjun Munda and others were taking drink and food, seven accused persons including the appellant Kanchan Munda armed with deadly weapons attacked and assaulted the deceased Mahadeo Munda, Sahdeo Munda and others, It has been alleged that Jagdish Munda was armed with sword, Mona Munda with Ballam, Vijay Munda with Baluwa, Dilip Munda with lathi and appellant -Kanchan Munda with sword. When they reached there the appellant Kanchan Munda enquired about. Mahadeo and as soon as he saw Mahadeo he rushed upon him and gave a sword blow on his head, Vijay Munda assaulted Sahdeo with Baluwa in his belly, Laxman assaulted Sukesh with spear; Saroj Munda, Bina @ Binu and Jagdish Munda also hit upon them with their respective weapons. Mahadeo Munda sustained several injuries and fell down. He was sent to Rajendra Medical College and Hospital, Bariatu, Ranchi for his treatment in a serious condition. Subsequently, he succumbed to his injuries on the way to hospital. The genesis of the occurrence is that the accused -appellant's daughter married with Dasrath brother of the deceased against the wishes of Kanchan Munda -appellant, which led to the institution of a case and was decided in favour of Mahadeo Munda deceased.