KARMA NAIK Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellants, Mr. Navin Kumar Jaiswal and learned counsel for the State, Mr. Sanjay Kumar Srivastava, learned Additional Public Prosecutor.

(2.) The instant Criminal appeal has been preferred against the judgment of conviction and order of sentence both dated 07.12.1995, passed by learned Additional Sessions Judge, Simdega, in Sessions Trial No. 551 of 1987, whereby all these five accused persons have been convicted for the offence committed and punishable under Section 302/34 of the Indian Penal Code and Appellants, Chandra Naik, Mangal Naik, Mangru Naik and Ashari Devi have further been convicted for the offence committed and punishable under Section 307 of the Indian Penal Code. By the same impugned judgment all the accused persons have been acquitted from charge under Section 148 of the Indian Penal Code and Ashari Devi has also been acquitted from the charge under Section 324 of the Indian Penal Code. The learned trial Court has awarded Imprisonment for life with fine of Rs. 3,000/- and in case of default in payment of fine, further rigorous imprisonment for one year to all the five accused persons, who have been convicted under Section 302/34 of the Indian Penal Code namely, Karma Naik, Chandra Naik, Mangal Naik, Mangru Naik and Ashari Devi. Convicts Mangal Naik, Mangru Naik and Ashari Bai @ Devi have further been sentenced to undergo rigorous imprisonment for 5 years and fine of Rs. 1,000/- each and in default in payment of fine they shall have to undergo further rigorous imprisonment for six months' conviction under Section 307 of Indian Penal Code for attempting to commit murder of Aghnu Naik.

(3.) The prosecution case, is based upon fardbeyan of the informant, Aghnu Naik(P.W.9) recorded by the Sub-Inspector, A. K. Gupta, Officer-In-Charge of Kurdeg Police Station camp at Hethama Barkadih on 24.06.1986 at 14.00 Hrs. whereby the informant has alleged that in the morning on 24.06.1986 (Tuesday) at 6.00 A.M. when the informant was ploughing his field along with his four brothers namely, Hari Naik, Subodh Naik, Sukha Naik, Somnath Naik and son of Hari Naik, namely, Francis Naik at Hethama Amba toli and were sowing the seeds, in the meantime, Chandra Naik (convicted appellant - abated) son of Karma Naik resident of Hethama Amba toli came with lathi and assaulted the informant and also called his inmates of the house. It is further stated that wife of younger brother of Chandra Naik, Mangal Naik, Mangru Niak and his father Karma Naik came with lathi, Tangi (axe), Baluwa (sharp cutting weapon) and bow-arrow and started assaulting the prosecution parties. It is stated by the informant that prosecution parties in order to save themselves tried to snatch the weapon but since the accused persons were fully prepared with deadly weapon as such, prosecution party sustained serious injury and because of the assault made by them, these persons fell on the ground. Subsequently the villagers removed them to their houses. The informant has further stated that at the village, he got information that his brothers namely, Subodh Naik, Hari Naik, Sukha Naik and nephew Francis Naik have died there. The informant has stated that occurrence has been witnessed by several persons standing there and the occurrence took place because of old enmity and land dispute.