Criminal Appeal (DB) No. 710 of 2013. Case: Bale Murmu Vs State of Jharkhand. Jharkhand High Court
| Case Number | Criminal Appeal (DB) No. 710 of 2013 |
| Counsel | For Appellant: Rajesh Kr. Mahtha, Advocate and For Respondents: Kaushal Kr. Mishra, APP |
| Judges | Pradip Kumar Mohanty, Actg. C.J. and Ananda Sen, J. |
| Issue | Indian Penal Code 1860, (IPC) - Sections 302, 307, 34, 341 |
| Judgement Date | January 16, 2017 |
| Court | Jharkhand High Court |
Judgment:
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This Criminal Appeal is directed against the the judgment of conviction dated 14.02.2006 and order of sentence dated 18.02.2006 passed by Shri Arun Kumar Datta, the learned Addl. Sessions Judge, East Singhbhum at Ghatshila in Sessions Trial Case No. 103 of 2000 (Split up record), arising out of Musabani P.S. Case No. 39 of 1999 corresponding to G.R. No. 244 of 1999, whereby and whereunder the appellant has been held guilty under Sections 302/34, 307/34 and 341/34 of the Indian Penal Code and has been sentenced to undergo imprisonment for life under Section 302/34 of the IPC and rigorous imprisonment for 7 years under Section 307/34 of the IPC and S.I. for one month under Section 341/34 IPC with a direction that all the sentences shall run concurrently.
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The case of the prosecution, in brief, is that on 08/07/1999 at about 10.00 a.m., the informant- Arsu Murmu (P.W.2) along with her son- Anta Murmu (deceased) and her halwaha (ploughman) Burha Murmu (P.W.3) came to plough her field situated at Mariyadih, Bale Murmu (appellant) along with co-accused, Sanjay Murmu armed with arrows and tangi came there and objected the ploughing of field and as such, an altercation took place in between both the parties. During the course of altercation, the accused- Bale Murmu shot an arrow which got penetrated on the left thigh of Anta Murmu. The accused, Bale Murmu shot another arrow on the left side of chest of Anta Murmu. After receiving injuries, Anta Murmu started running towards the east side. Thereafter, the informant asked the accused persons as to why they have shot arrows on the deceased and then the accused, Sanjay Murmu assaulted with a Tangi on her abdomen. The informant raised alarm upon which the villagers started gathering there and then the accused persons fled away from there. In the meantime, the daughter-in-law of the informant, namely, Manko Murmu (P.W.1) and the daughter of the informant, namely, Budhu Murmu came there and saw the accused persons fleeing away from the place of occurrence. Thereafter, the informant proceeded towards the place where her son, Anta Murmu had gone and when she reached near a banyan tree, she found the dead body of the deceased lying there.
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That on the basis of the aforesaid fardbeyan of the informant, a First Information Report being Musabani P.S. Case No. 39 of 1999 was registered under Sections 302/341/307/34 of the Indian Penal Code against the accused persons. After investigation of the case, the Police submitted charge-sheet against the accused persons, namely, Bale Murmu (present appellant) and Sanjay Murmu. Accordingly, cognizance of the offence was taken and the case was committed to the Court of Sessions which was numbered as Sessions Trial Case No. 103 of 2000 (split up record).
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Charges under Sections 302/34, 307/34 and 341/34 of the Indian Penal Code were framed against the appellant and the co-accused...
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