BAGUN SAMAD, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Four persons, namely, Bagun Samad, Ganga Ram Samad, Machua Samad and Parsu Ram Hasada @ Parsu Ram Hansda were charged under section 364/34 IPC for abducting Smt. Soy, Randai Kui, Dunu Soy and Bagun Soy with intention to murder them, under section 302/34 IPC and section 201/34 IPC for committing their murder and causing disappearance of their dead body. They were charged under section 380/34 IPC also.

(2.) In Sessions Trial No.238 of 2008/T.R. No.145 of 2013, the appellants; Bagun Samad, Ganga Ram Samad and Machua Samad in Criminal Appeal (D.B.) No. 166 of 2014 and Parsu Ram Hasada @ Parsu Ram Hansda in Criminal Appeal (D.B.) No. 278 of 2014, have been convicted and sentenced to R.I for life and fine of Rs.10,000/- under section 302/34 IPC, R.I for 10 years and fine of Rs.5,000/- under section 364/34 IPC, R.I for 2 years and fine of Rs.1,000/- under section 201/34 IPC and R.I for 2 years and fine of Rs.1,000/- under section 380/34 IPC. In default of payment of the aforesaid fine amounts, they have been directed to undergo further sentence for the respective offences.

(3.) The informant of this case, namely, Pradhan Soy is the husband of Smt. Soy, one of the deceased. At the time of the occurrence, he was in jail custody in connection to attempt to murder Parsu Ram Hansda. When he was released from the custody he found that his wife, mother and two sons have been killed by the appellants to take revenge. His fardbeyan was recorded in the morning of 17.05.2008 at the police station. In his fardbeyan, he has stated that in the year 2003 in course of marpit with his co-villager Parsu Ram Hansda on a land dispute in which Parsu Ram Hansda was injured, Sonua P.S. Case No.17 of 2003 was registered against him on 09.04.2003 under section 341, 324, 307/34 IPC. In that case, he and his wife were arrested and finally convicted. After serving sentence for about 6-7 months his wife was released. She visited him atleast twice in the jail and once on the occasion of Deepawali in the year 2007 and on those occasions he always advised his wife not to quarrel with any one. After serving the sentence he was released on 03.05.2008 but, when he came to his village he found his house closed. On enquiry from the neighbours he was informed that on a Friday night at about 12:00 in the mid-night in the year 2008 they had noticed some commotion in his house and went there to enquire from the persons present there they threatened them. Amongst those persons were the appellants, namely, Bagun Samad, Ganga Ram Samad, Machua Samad and Parsu Ram Hansda. The informant therefore raised a doubt that on account of previous enmity the appellants have murdered his family members.