MATA DIVRI ALDA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The sole surviving accused namely, Mata Divri Alda along with other two accused namely, Bar Kuwar Alda and Hargua Sharda Alda faced trial for offence punishable u/s 364/34 I.P.C and u/s 302/34 I.P.C for abduction and murder of Chokro Alda, in Sessions Trial No.119/1991. All three accused persons were convicted for committing the aforesaid offences and they were sentenced to undergo imprisonment for life for offence u/s 302/34 I.P.C. No separate sentence for offence u/s 364/34 I.P.C. was awarded to the convicts.

(2.) As noticed on the previous date of hearing, appellant nos.2 and

(3.) namely, Bar Kuwar Alda and Hargua Sharda Alda died during the pendency of the appeal and consequently, the appeal qua them abated. Since counsel for the appellants was absent on the previous date of hearing, Mrs. Supriya Dayal, Advocate was appointed counsel for appellant no.1. 3. The prosecution case unfolded in the fardbeyan of Ghanshyam Laguri @ Ghanshyam Munda reveals that on 16.09.1990, wife of the deceased namely, Jema Kui informed him about 12.30 p.m. that last evening her husband had gone to the house of Podne Balmuchu at Village -Romra, from where accused namely, Mata Divri Alda, Bar Kuwar Alda and Hargua Sharda Alda, after assaulting him, forcibly took him towards jungle with an intention to kill him. The motive for the occurrence was a quarrel between the deceased -Chokro Alda and the other villagers as well as the accused persons and murder of one Mamu Ramdas on 14.09.1990 which was witnessed by the brother -in -law of the deceased and others. On the basis of fardbeyan of the informant, Tonto P.S. Case No.29/1990 u/s 364/34 I.P.C was registered against the accused persons, and after the dead body was recovered Section 302/34 I.P.C was added to the First Information Report. After the investigation, charge sheet was submitted against all the three accused persons for the aforesaid offences and the learned Magistrate took cognizance of the offence. On 12.02.1992, charges u/s 364/34 I.P.C and u/s 302/34 I.P.C were framed against the accused persons, who pleaded not guilty and claimed trial.