AGAN CHIK BARAIK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Ms. Sunita Kumari, learned counsel for the appellant and Mr. Saket Kumar, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment of conviction dtd. 8/12/2015 and order of sentence dtd. 9/12/2015 passed by Sri Shyam Lal Saroj, learned District and Additional Sessions Judge I, Gumla in S. T. No. 204 of 2013 whereby and whereunder the appellant has been convicted for the offences punishable under Ss. 324/34, 326/34, 302/34 and 307/34 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life along with a fine of Rs.2,000.00for the offences under Sec. 302/34, rigorous imprisonment for 10 years along with a fine of Rs.2,000.00 each for the offences under Ss. 326/34 and 307/34 I.P.C. He has also been sentenced to undergo rigorous imprisonment for 3 years for the offences punishable under Ss. 324/34 I.P.C. In default of payment of fine, the appellant shall further undergo simple imprisonment for one year for each default. All the sentences shall run concurrently.

(3.) The fard beyan of Bhimkaran Singh was recorded on 13/2/2013 at about 8 :30 A.M. in front of the dead body of Puran Chik Baraik in which he has stated that he and Puran Chik Baraik had sown lac seeds in Bari Longra Forest and they used to guard the place every day. On 12/2/2013 in the night after dinner, the informant and Puran Chik Baraik had gone to the shanty for keeping guard equipped with blankets, arrows, catapult, axe, farsa, torch etc. When they reached near the shanty, they found four persons coming from the forest towards Gurma basti. In the light of the torch, they could recognize Agan Chik Baraik @ Lumbha @ Langra (appellant) and Ratiya Chik Baraik. After they went, he and Puran Chik Baraik went to sleep at the same place. It has been alleged that at about 11:00 P.M., Ratiya Chik Baraik all of a sudden assaulted him with Farsa. He had caught hold of the Farsa for which there was a tussle between the informant and Ratiya Chik Baraik. In the meantime, he saw Agan Chik Baraik committing the murder of Puran Chik Baraik by assaulting him on his head. At this he threw away the farsa and fled away from the place of occurrence and went to the house of Mangru Kharia. He disclosed about the incident to Mangru Kharia and thereafter, Mangru Kharia and Balu Kharia had taken him safely to his village. He in an injured state went to the house of Puran Chik Baraik and disclosed about the incident to his wife and son - Narayan Chik Baraik.