KHUDIA PAHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, Mr. Yogesh Modi, learned Amicus Curiae and Mr. Ashok Kumar No.2, learned Additional Public Prosecutor for the State.

(2.) The instant Criminal appeal has been preferred against the judgment of conviction dated 03.08.1996 and order of sentence dated 07.08.1996, passed by the learned Additional Judicial Commissioner, Khunti, in S.T. No. 286 of 1995 / T.R. No.26 of 1995 whereby both the appellants have been convicted for the offence committed and punishable under Section 302/34 of the Indian Penal Code and awarded them Rigorous Imprisonment for life.

(3.) The prosecution case, is based upon, fardbyan of Monika Dhanwar(P.W.6) w/o late Mikhail Dhanwar, resident of village Japut Barka Toli, P.S. Rania, DistrictRanchi, recorded by Assistant Sub-Inspector of Police, Silbester Barla(P.W.7) on 23.01.1995 at 14.30 Hrs at Japut Janum Toli, whereby informant has alleged that, on 22.01.1995 (Sunday) in the evening, her husband, Mikhail Dhanwar was in his house, co-villager namely, Khudia Pahan (appellant no.1) called her husband and took him to the house of his elder brother, Belsazar Kandulna (appellant no.2), but husband of the informant did not return in the night. It is stated that in search of her husband, when they reached near, Japut Janum Toli, they saw the dead body of her husband lying in front of the house of Belsazar Kandulna (appellant No.2). The informant started inquiring into the matter, upon which wife of Belsazar Kandulna namely, Fulkeria Kandulna has disclosed that her husband (Mikhail Dhanwar) has been killed by Khudia Pahan (appellant No.1) and Belsazar Kandulna (appellant No.2) by assaulting with danda. The informant has further stated that, there was land dispute between her husband on one side and Khudia Pahan and Belsazar Kandulna on the other side, for which several panchaity were held but the dispute was not resolved. The informant has alleged that, Khudia Pahan and Belsazar Kandulna have earlier given threatening several times with dire consequences to her husband. The informant has claimed that both have killed her husband (Mikhail Dhanwar) on Sunday at about 8.00P.M. in the evening for grabbing the land.