YADAV SUNDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellants, namely, Yadav Sundi and Tupra Sundi, both brothers, have faced the trial on the charge of murder of their brother Bhengra Sundi. They have been convicted and sentenced under section 302/34 IPC to undergo R.I for life and fine of Rs.5000/-.

(2.) The informant of this case is the wife of Bhengra Sundi, the deceased. On the basis of her fardbeyan recorded at her house on 14th July, 2008 at about 7:00 a.m. in the morning, Jagannathpur P.S. Case No. 57 of 2008 was registered on 14th July, 2008 under sections 448/323/324/302/120B/34 IPC against the appellants, namely, Tupra Sundi & Yadav Sundi and Bamia Sundi and one unknown. In her fardbeyan the informant has stated that last afternoon, at about 2:30 p.m., she was in her house and her husband was lying on a cot. The door of her house was just closed. At that time her younger brother-in-law, namely, Tupra Sundi forcibly entered her house and started dragging her husband outside the house. He assaulted her husband on his leg with a rod whereupon her husband fell on the ground. Thereafter, Tupra Sundi and Yadav Sundi along with one unknown person dragged her husband outside the house and the unknown person assaulted her husband on his back with a bhujali. When her husband fell on the ground Tupra Sundi hit him with a kudal near his eyes and when she tried to save her husband the accused persons threw her away. Then, she started crying and the villagers came there whereafter the accused persons fled away from the place of occurrence. The informant has stated that her husband was trying to construct a house for which her father-in-law Bamia Sundi and brother-in-law Tupra Sundi were not ready to give land. According to her for that reason there was a quarrel between them and thereafter her father-in-law had left the village. She has raised a suspicion that her father-in-law sent a person who along with Tupra Sundi and Yadav Sundi have killed her husband with bhujali, spade, iron rod and lathi.

(3.) After the investigation, a charge-sheet was submitted against the appellants. During the trial, the prosecution has examined seven witnesses; the informant, namely, Nirasho Sundi is P.W.1. The first Investigating Officer of this case namely, Sudhir Prasad Sahu is P.W.5; he is a formal witness. P.W.6-Ajay Kumar Panjiyar is the Investigating Officer who has deposed in the court regarding seizure of the crime weapon, blood-stained soil, inquest report and other objective findings at the place of occurrence.