DODHI SINGH MUNDA Vs. LAKHAN SINGH MUNDA

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 19th June, 2001 & 22nd June,2001 respectively passed by the 2 nd Additional Judicial Commissioner, Khunti (Ranchi) in connection with S.T. Case No. 275 of 1997/ T.R. No. 427 of 97 arising out of Sonahatu P.S. Case no. 10 of 1997, G.R. no. 68 of 1997, whereby and whereunder appellants were convicted u/s 307/34 of the Indian Penal Code and sentenced to undergo imprisonment for five years along with a fine of Rs. 3000/- payable to both the injured persons i.e. Rs. 3000/- will be paid by Lakhan Munda to Biresh Hazam and Rs. 3000/- will be paid by Dodhi Munda to Naresh Hazam and in default of payment of fine both shall further undergo sentence for one month.

(2.) The case of the prosecution as per the fardbeyan of informant Naresh Hazam PW-9 is that on 17.1.1997 at about 7 :30 in the evening the informant and his brother Biresh Hazam were returning from their sister's house. As soon as they reached between the village near the pond they were surrounded by the appellants. Dodhi Singh Munda was armed with tangi and Lakhan Singh Munda was armed with farsa. Apart from these two appellants there were other accused who were variously armed. Dodhi Singh Munda ordered to kill them. Dodhi Singh Munda assaulted the informant with tangi on the head and when the younger brother Biresh Hazam came to his rescue, he too was assaulted with farsa by Lakhan Singh Munda. Due to assault, the informant injured became unconscious and gained sense on 27.1.1997 at R.M.C.H. and learned that he and his brother were admitted to the hospital by Duryodhan Hazam and Shashi Bhushan Hazam.

(3.) On the basis of fardbeyan police registered Sonahatu P.S. Case no. 10 of 1997 U/Ss. 147,148,149,307,323 and 324 of the IPC. After completion of investigation, charge sheet was submitted against the accused persons and after taking cognizance, the case was committed to the court of Sessions. Charge was framed against the accused under Section 307/34 IPC. The prosecution examined altogether thirteen witnesses and on the conclusion of the trial the learned trial court convicted and sentenced the appellant as aforesaid. Hence, this appeal.