SUKHRA MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned amicus curiae appointed by the Court for the appellants and learned counsel for the State.

(2.) The appellants are aggrieved by the impugned Judgment of Conviction dated 26th of May, 2001 and Order of sentence dated 28th of May, 2001, passed by the learned IInd Additional Judicial Commissioner, Khunti, in S.Tr. No. 38 of 2000, whereby, both the appellants have been found guilty and convicted for the offences under Sections 302, 201 / 34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo imprisonment for life for the offence under Sections 302 / 34 of the Indian Penal Code, and imprisonment for 3 years for the offence under Sections 201 / 34 of the Indian Penal Code, and they were also slapped with the fine of Rs. 2000/- each. Both the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Mangari Devi, the wife of the deceased Sukhram Munda, recorded on 6.7.1999 at 13.00 hours, at the place of occurrence at Village Labga, P.S. Bundu, in the then District of Ranchi, wherein she has stated that on the same day, at about 6.00 AM, her husband was going to plough his field along with his daughter aged about 5 years, and when he had reached near a jackfruit tree, both the accused Sukhra Munda and Lakhan Munda, who were the cousins of her husband, started assaulting her husband by tangi, whereupon the daughter of the informant came home crying, and informed the informant about the same. The informant rushed towards the place of occurrence, but did not find her husband there. There were blood marks of dragging the body, following which, at a distance of about 11/2 Km., in the forest, the informant and the villagers found the beheaded dead body of her husband, which could be identified by the cloths, worn by him. The head was missing, which was searched with the help of the villagers, but the same could not be found. It is stated in the fardbeyan that the occurrence had taken place, due to the fact that her husband had mortgaged some land. On the basis of the fardbeyan of the informant, Bundu P.S. Case No. 35 of 1999, corresponding to G.R. No. 314 of 1999, was instituted for the offences under Sections 302, 201 / 34 of the Indian Penal Code, against these two appellants, and investigation was taken up. After investigation, the police submitted the charge-sheet in this case.