Criminal Appeal (DB) Nos. 210 and 290 of 1991 (P). Case: Darbari Murmu and Ors. Vs State of Bihar. Jharkhand High Court
| Case Number | Criminal Appeal (DB) Nos. 210 and 290 of 1991 (P) |
| Counsel | For Appellant: Jitendra Shankar Singh, Randhir Kumar and L.C.N. Sahadeo, Advocates and For Respondents: Amaresh Kumar, APP |
| Judges | Harish Chandra Mishra and Dr. S.N. Pathak, JJ. |
| Issue | Indian Penal Code 1860, (IPC) - Sections 147, 148, 149, 302, 323, 324 |
| Judgement Date | January 31, 2017 |
| Court | Jharkhand High Court |
Judgment:
Dr. S.N. Pathak, J.
-
Earlier on 01.09.2016 when these appeals were taken up, the learned State counsel has verified the factum of death of Munshi Hembrom and Lobu Pujaher [appellant Nos. 2 and 3 respectively in Criminal Appeal (D.B.) No. 210 of 1991 (P)] whereas appellant No. 1 Darbari Murmu is alive and the sole appellant in Criminal Appeal (D.B.) No. 290 of 1991 (P) is also alive. The instant appeal thus stands abated qua Munshi Hembrom and Lobu Pujaher [appellant Nos. 2 and 3 respectively in Criminal Appeal (D.B.) No. 210 of 1991 (P)]. It has been also brought to our notice that one Kiran Khaira had also filed separate appeal being Criminal Appeal (DB) No. 248 of 1991 (P), which stood abated vide order dated 07.09.2009 on account of his death. The records of the said appeal was tagged with these appeals.
-
Heard learned counsel for the appellants and learned counsel for the State.
-
Both the Criminal Appeals have been preferred against the Judgment of conviction and sentence dated 31st Day of May, 1991 passed by the IInd Additional Sessions Judge, Dumka, S.P. in connection with Sessions Case No. 127 of 1983 whereby appellants Chunka Murmu and Darbari Murmu have been held guilty and convicted for the offence under Sections 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life. Appellant Chunka Murmu has been further held guilty and convicted for the offence under Section 324, 323 and 148 of the Indian Penal Code and sentenced to R.I. for one year, six months and one year respectively. Appellant Darbari Murmu has been further held guilty for the offence under Section 147 of the Indian Penal Code and sentenced to undergo R.I. for six months. However, all the sentences so passed have been directed to run concurrently.
-
Case of the prosecution in short is that the land of J.S. No. 79 of village - Ranga belonged to the informant and his agnates including deceased Dahu Hansda and his brother deceased Bara Managal Hansda and that the paddy seedling in question were grown by them over the said field. On 25.07.1979, at about 8:30 a.m., when the informant went to his said field of J.B. No. 79, he found accused Darbari Murmu, Chunka Murmu, Bodi Tudu, Tulsi Hansda and Chhita Hansda uprooting the paddy seedling while the remaining accused persons named above, having been variously armed with arrows, lathi and Farsa and Gada were standing guard for helping those accused. Besides Dahu Hansda and Bara Mangal Hansda, other witnesses were working in their field and they assembled at the field of J.B. No. 79 in order to restrain the accused persons from committing any offence. In the meantime, the accused Munshi Hembrom came out from the side of the accused persons and on the pretext of bringing about peace, took the lathies from possession of the informant and his men and immediately Munshi Hembrom again went to the side of the accused and ordered them to assault the informant and his men. At once accused Chunka Murmu assaulted Dahu Hansda with Chhura while accused Labu Pujhar, Darbari Murmu and Tila Hansda and Chhita Hansda assaulted Dahu Hansda with lathi causing injuries on his head. Accused Kiran Khaira assaulted Bara Mangal Hansda with Lathi causing injuries on his head. Accused Chunka Murmu assaulted Chota Mandal Hansda with Chhura causing injuries at his right abdomen and right chest. Accused Chunka Murmu assaulted Supai Hansda with lathi causing fracture of his left wrist. Tulsi Hansda assaulted Subodi Hembrom with...
To continue reading
Request your trial