MOHAN MARANDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BOTH the appeals have been filed against the judgment of conviction and sentence against the accused, Mohan marandi @ Gonga by Shri D. N. Pathak, 6th additional Sessions Judge, Dumka in sessions Case No. 166 of 1992. Cr. Appeal no, 198 of 1997 was filed by the appellant from jail. Jail Appeal was admitted and Mr. Sunil Kumar Pathak was appointed to appear in this case as amicus curiae for the appellant where the original Cr. Appeal no. 393 of 1993 was filed by Mr. Rajiv ranjan Mishra, Advocate. However, neither the advocate for the appellant nor the advocate appearing as amicus curie is present in Court to argue the case, hence we ourselves looked into entire appeal with the help of A. P. P.

(2.) AS stated the appeal is directed against the judgment of conviction dated 24. 6. 1999 and order of sentence dated 28. 6. 1999 passed by Shri Dinesh Narain Pathak, 6th additional Sessions Judge, Dumka, by which he convicted the appellant, Mohan marandi @ Gonga for the charges under section 302 of the Indian Penal Code and sentenced him to undergo R. I. for life under Section 302 of the Indian Penal Code.

(3.) THE short case giving rise to the prosecution is that on 5. 1. 1992 the informant dhena Soren wife of deceased Raska murmu had gone to Purnea Hatia at 3 p. m. but when she returned hack at 6 p. m. , she found that the door of her house was chained and locked from outside and she waited for her husband till 10 p. m. Raska Murmu, did riot return in the night. In the next morning at about 6 a. m. one Nunua Tundu informed her that the dead body of her husband is lying in the field of Shiblal Manjhi and then along with several villagers she went there and found the dead body of her husband-deceased, with sign of scratches on the neck and at some distance from the dead body there was one blue-coloured old chapal, one check terry cotton handkerchief and one check green yellow coloured lungi and one comb of some other person and one panchi (gamcha) green-coloured of her husband and one check woolen shawl of her husband was lying there. It is further stated that in the mean time, the accused, Mohan Marandi @ Gonga came there and began collecting the handkerchief, lungi, comb and chapal. Thereupon the villagers caught hold of him and started assaulting him. The accused on enquiry stated in presence of all the villagers that yesterday night on 5. 1. 1992 at about 8 p. m. he along with deceased, Raska murmu took wine from the shop of Pirth manjhi and while they were going to their tola in the way some altercation took place about the charges of the wine suddenly the deceased, Raska Murmu attacked him, but fell down on the ground then hie pressed his neck and went to his house thinking that the deceased had also gone back to his home. Under the impression that the deceased must have gone back to his house, he came again to collect his articles, which had fallen down during scuffle. Thus it is alleged that because there is some land dispute existing between the accused devar of the informant and her deceased husband, hence this murder was committed by the accused. On the basis of the said fardbeyan (Ext. 3) police registered (F. I. R.) (Ext. 4) and after investigation submitted charge-sheet.