Ratnaker Bhengra, J. - (1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 29.4.2003 and 30.4.2003 respectively passed by Additional District & Sessions Judge, Fast Track Court No.7, Jamshedpur in connection with S.T. Case No. 188 of 1997 arising out of Potka P.S. Case no. 63 of 1995, G.R. no. 1498 of 1995 whereby and whereunder appellants have been convicted for the offence u/s 307/34 I.P.C. and have been sentenced to undergo R.I. for five years and to pay fine of Rs. 1000/- which was imposed upon each convicts and in default of payment of fine amount each convicts were further sentenced to undergo R.I. for two months.
(2.) Before moving forward it is pertinent to mention here that appellant no.1 Sanatan Turu died during the pendency of this Criminal Appeal as per letter dated 6.8.2016 sent by S.P. East Singhbhum, Jamshedpur to this Court. Hence, this criminal appeal against appellant Sanatan Turu stands abetted.
(3.) The case of the prosecution as per the fardbeyan of Umedanand Sharswati PW-3 given on 8.8.95 is that he had been making arrangement for Pooja at Mukteswar Dham temple situated at village Harina like he did so for last two years. Mukteswar Dham is situated at the distance of 1 k.m. from village Harina. Some persons namely Satish Chandra, Pase and others are also engaged to perform the Pooja. There were three orphan children residing in the temple and informant was looking after the orphan children. The further case of prosecution is that Umedanand Sharswati had been looking after organization run by the said temple. The organization compromises of several members. There is also a school which is run and controlled by the said organization. The head master of the said school is Bahara Majhi. The said Bahara Majhi wanted to make separate executive body compromising of the Adivasi people to run the school as well as the Mukteshwar temple, while, the school was constructed by general public with the help of public money for educating the children of weaker class. When Bahara Majhi was trying to make separate executive body for running the school the informant had opposed so because the school was running under the organization of temple and was made for educating the children of all classes. It is further alleged that all effort was made by the informant to save the organization. But on 7.8.95 at 6:30 p.m.in evening Bahara Majhi along with the school teachers and also with the help of Adivasis came to the temple accompanied with Narayan Murmu, Manka Majhi, Sanatan Tuddu, Kutlu Majhi and 5 to 6 persons who were in drunken state armed with lathi, spade, axe and other weapons. They came to the temple and they started to assault the informant saying that temple and school both are the property of Adivasi organization. They were also giving threat to the informant to leave at once the said organization. The accused persons were also pulling the informant by catching his ponytail. They took the informant to a distance of at least k.m. from the temple by pulling him on the ground. The informant had sustained injuries on his back. Accused persons also inflicted lathi blow on the head causing fracture on the head of the informant. Thereafter, the villagers came there and they caught hold of some of the appellants and they handed over them to the police. The informant was taken to the TMH by the members of the committee where he was treated.;