THONGO KUDADA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae, Mr. Ajit Kumar and learned counsel for the State, Mrs. Laxmi Murmu, Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction and order of sentence both dated 23.05.2014 passed by learned District and Additional Sessions Judge-I, Ghatsila in Sessions Trial No. 111 of 2012, whereby both the accused persons/appellants, Thongo Kudada and Kanda Ram Purti @ Master Purti have been held guilty and convicted for the offence committed and punishable under Section 302/34 of the Indian Penal Code and awarded sentence of rigorous imprisonment for life with a fine of Rs. 2,000/- each and in case in default in payment of fine simple imprisonment for six months.

(3.) Prosecution case is based upon Fardbeyan of informant, Sagu Sabar (P.W.8) recorded by S.I, Bhola Prasad Yadav (P.W.5) on 10.10.2011 at 12.15 Hrs. at Kashigora. The informant has alleged that yesterday on 9.10.2011 (Sunday), he went to Dhegam Haat. While returning from the Haat, he saw at villageSusnigariha near the house of Dugur Singh at 4 P.M. that his uncle Ruiba Sabar and Runja Sabar of village Kalyankocha and Dhori Sabar of village Ketcha Badal, Tola-Cycle Dungri, both under Dumariya police station, were taking country made liquor. The informant has further stated that his uncle, Ruiba Sabar asked him to take 20 Kg. of rice to give it at his house and all three were taking country made liquor there. The informant came from Susnigariha towards his house and saw Dhunda Sabar at village- Kashigora near Dungri in an open place lying in intoxicated condition. The informant came along with daughter of Dhunda Sabar, namely, Tulsi Sabar from village-Susnigariha. Though, they tried to lift Dhunda Sabar but could not succeed and as such both informant and Tulsi Sabar came to their house at 6 P.M. In the night Ruiba Sabar and Dhunda Sabar did not return to their respective houses. Thus, in the morning the informant and others went in search of them. Informant has stated that in search they found the dead body of Dhunda Sabar at Kashigora Dungri having injury on the head caused by boulder and at a distance of 200 meters in the south eastern direction under the Itchakuti Bridge, dead body of Ruiba Sabar was found on a stone, whose front portion of the face was having injury and the blood was oozing from the mouth and nose. Informant has suspicion that Runja Sabar and Dhodhi Sabar both have killed, as both were taking country made liquor at village-Susnigariha with deceased and in course of the same some altercation might have taken place and as such both have killed Ruiba Sabar at Kashigora and while returning they have also killed the cousin of Ruiba Sabar, namely, Dhunda Sabar near Itchakuti Bridge by crushing the head by means of boulder. Fardbeyan was recorded in presence of Surba Sabar, who has not been examined in this case. Fardbeyan has been recorded by Sub-Inspector, Bhola Prasad Yadav, who has been examined in this case as P.W. 5.