CHAMTU MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned Amicus Curiae Mr. Mahesh Kumar Sinha and learned counsel for the State Mr. Sanjay Kumar Srivastava, Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction and order of sentence both dated 06.09.2014 passed in S.T. Case No. 283/2011 passed by the learned District and Additional Sessions Judge-I, Ghatsila, whereby the sole appellant has been held guilty and convicted for the offence committed and punishable under Section 302 of the Indian Penal Code and awarded rigorous imprisonment for life with a fine of Rs. 2,000/- and in case of default in payment of fine, appellant has to serve further sentence of simple imprisonment for six months.

(3.) Prosecution case is based upon the fardbeyan of Lal Mohan Munda (P.W.4) recorded by S.I. Deepak Kumar, Officer-in-Charge, Chakulia P.S on 10.05.2010 at 11.30 hrs. near the house of the informant. The informant has alleged, that on Monday 10.05.2010 at about 11.30 hrs., he is giving his statement before the Officer-in-charge, Chakulia Police Station at his village Kenda Dangari in presence of the villagers. Informant has stated that he is alone having one sister whose marriage has been solemnized in Purulia (West Bengal) and now he is residing with his old father Sukracharya Munda (deceased) and mother Suku Munda (P.W.9). The informant has stated that he earn his livelihood by working as labourer. His father is also doing the work of labourer for sometime and used to graze his cattle. It is stated that on Monday 10.05.2010 at around 8.00 A.M, the informant went to the house of one Kartik Kadma (P.W.10) to work as labourer. At around 9.00 A.M while the informant was working, Daso Murmu, S/o late Buka Murmu resident of Kenda Dangari, P.S.-Chakulia, District East Singhbhum came running to the informant and disclosed that Chamtu Munda (appellant herein), son of late Kuna Munda, resident of Kenda Dangari, Munda Tola, P.S. Chakulia, District East Singhbhum has assaulted his father by means of danda, due to which he has sustained bleeding injury on the head and has fallen on the ground and died. It is also stated by the informant that at that time, Daso Murmu was with his wife. Informant has further stated that after getting such information, he went to his house and saw the dead body of his father from whose head blood was oozing. The informant along with several persons, asked Chamtu as to why he has killed? Then he threatened them with lathi holding in his hand. Thereafter, co-villagers tried to catch hold of him, but he fled away towards the forest. Informant could not say, why Chamtu Munda has assaulted and killed his father? Informant has further stated that his mother Suku Munda had also gone to work as labourer and after getting information, she also came to the house and saw the dead body of her husband. Co-villagers have witnessed the occurrence and disclosed that Chamtu Munda has assaulted his father by means of danda on his head causing death. Informant has stated that roof of the house of Chamtu Munda was made up of thatched straw and when his father was taking the cattle for grazing, some of the cattle have eaten straw from the roof of Chamtu Munda. As such, without saying anything, Chamtu Munda has assaulted his father causing his death.