- (1.) Heard learned counsel for the appellants and the learned counsel for the State.
(2.) The appellants are aggrieved by the Judgement of conviction dated 27.06.2005 and order of sentence dated 29.06.2005 passed by the learned Additional Sessions Judge, F.T.C., Lohardaga, in S.T No. 600 of 1997, whereby, the appellants have been found guilty and convicted for the offence under Sections 302 / 34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo rigorous imprisonment for life for the said offence.
(3.) The prosecution case was instituted on the basis of the fardbeyan of Somri Devi (Mundain) @ Phool Kumari, who is the wife of the deceased Niru Munda, recorded at the village lane near her village, on 10.09.1996 at 11:00 A.M. in the morning, wherein she has stated that on the previous day at about 4:00 P.M., there was a quarrel between her son Surja Munda and Akhilesh Munda, the son of the accused Bandhu Munda, while they were playing. For that quarrel Bandhu Munda was abusing the informant and her husband in filthy languages in the evening, threatening to kill them. At about 8:00 P.M. in the night, the accused persons, viz., Bandhu Munda, Lachhan Munda and Makund Munda, came at her house in drunken state, armed with lathi, and they started dragging away the husband of the informant assaulting him by lathi. The informant pleaded to leave her husband, whereupon Bandu Munda assaulted her on her head and shoulder. Her son, Surja Munda and daughter Surajmani Kumari were also with her and they also pleaded to spare their father, but the accused persons dragged her husband to their door and they tied her husband with a pole and all the three accused persons started assaulting him by lathi. She informed the villagers at about 8:00 P.M. in the night, but no one came to their rescue, and again the informant pleaded the accused persons to spare her husband, whereupon they left her husband and went away. She untied her husband from the pole and with the help of her children, she was bringing her husband to their house, but on the village lane, he fell down. The informant and her children could not lift her husband to bring him to the house. She remained there with her husband, and at about 10:00- 11:00 P.M. in the night, her husband asked for water, whereupon she gave him water and thereafter he died. She was sitting by the side of her husband's dead body for the whole night, and in the morning, the Chowkidar was informed, who saw the dead body and went to the Police Station for informing the police. Claiming that all the three accused persons had assaulted her husband to death, she gave her fardbeyan, on the basis of which, Kuru P.S Case No. 73 of 1996, corresponding to G.R No.332 of 1996, was instituted for the offence under Sections 304 of the Indian Penal Code, against the named accused persons and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.;