JONGOL SINGH KUNTIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsels for the appellants, Mr. Rajendra Prasad Gupta, Advocate in Cr. Appeal (DB) No. 819 of 2008 and Mr. Pravin Kumar, Advocate in Cr. Appeal (DB) No. 475 of 2009 and learned counsels for the State, Mr. Satish Kumar Keshri, Additional Public Prosecutor in Cr. Appeal (DB) No. 819 of 2008 and Mr. Sanjay Kumar Srivastava, Additional Public Prosecutor in Cr. Appeal (DB) No. 475 of 2009.

(2.) Both the criminal appeals are directed against a common judgment of conviction and order of sentence, both dated 22.02.2008, passed by learned Sessions Judge, West Singhbhum at Chaibasa, in Sessions Trial No. 121 of 2007, whereby both the appellants have been held guilty for the offence committed and punishable under Section 302/34 of the Indian Penal Code and awarded rigorous imprisonment for life and a fine of Rs.15,000/- each.

(3.) The prosecution case is based upon the fardbayen of Maghe Parab Bari (P.W.-4), recorded by Sub Inspector of Police, Prabhat Kumar, Officer-InCharge of Tonto police station on 11.03.2007 at 06:30 A.M. at Harira village near house of Braj Mohan Singh Khuntia (P.W. 3). The informant has alleged that his elder brother Turi Bari went to his sasural at Harira on 10.03.2007 at 12:00 noon. The informant was also celebrating Maghe Parv at Harira village on 10.03.2007 and went to 'Akhra' of the village alongwith his uncle Siddiu Bari and brother Duna Bari at around 08:00 P.M., till then dance was over. Thus they were going to the sasural of his elder brother. In the meantime, before the culvert, they saw four persons fleeing towards East. When informant and others proceeded further, they saw a person lying on the road in pool of blood. Thereafter in the tube lights, that person has been identified by the informant as his brother Turi Bari, from where the informant has seen all those four persons fleeing away and in the light, informant has identified them as (1) Songa Singh Kuntia, (2) Jongol Singh Kuntia, (3) Chere Singh Kuntia and (4) Gumdi Singh Kuntia, all resident of village Harira, police station Tonto. The informant went to sasural of his brother and informed them about the occurrence. There informant could know that his brother Turi Bari came to his sasural on 10.03.2007 at 12:00 noon alongwith one Damodar Bari (P.W.-6) and after taking liquor both were roaming in the village. Subsequently brother of the informant returned to his sasural alongwith one unknown person and both after taking liquor, started roaming in the village. In the night, the informant alongwith in-laws of his brother went to the place of occurrence and saw the dead body of his brother and huge amount of blood was also there. The informant has claimed that all the above four named accused persons have killed his brother and fled away. The time of occurrence was at around 07:30 to 08:00 P.M. The informant has given his statement in presence of co-villagers Munda Vishal Singh Kuntia and village Dakua Bamia Khandait.