JATU MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present appeal arises against the impugned judgment of conviction and sentence dated 5th February, 2002, passed by the 3rd Additional Judicial Commissioner, Khunti in Sessions Trial No. 447 of 1999, whereby ali the three appellant have been found guilty for committing the offence under Section 302/34 IPC for murdering the deceased persons namely Sukua and Salua and, thereby, they have been sentenced to undergo R.I. for life.

(2.) THE appellants were charged for the offence under Sections 302/34, 324 and 307 IPC but they have been acquitted from the charges under Sections 307 and 324 IPC by the trial court.

(3.) IN order to establish the charges, altogether six prosecution witnesses were examined on behalf of the prosecution. PW -1 Mogro Munda is the informant but during trial he did not support the prosecution case and, as such, was declared hostile. Similar is the position with PW -2 Somra Munda, he also was declared hostile. PW -3 is the Doctor, who examined the injuries said to have received by the informant. PW -4 is Solua Munda the sole eye witness to the occurrence. PW -5 is the Doctor, who held the Post Mortem examination on the dead body of the deceased persons and PW -6 is a formal witness, who proved the documents including the F.I.R. etc. The Investigating Officer has not been examined in this case.