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2006 Supreme(Jhk) 574

N.DHINAKAR, RAKESH RANJAN PRASAD
Lachhu Munda And Lodro Munda – Appellant
Versus
State Of Bihar (Now Jharkhand) – Respondent


JUDGMENT

1. The appellants, Lachhu Munda and Lodro Munda, were arrayed as A1 and A2 and tried and convicted under Section 302 read with Section 34 I.P.C. The allegation against them is that they, in furtherance of their common intention, caused death of Budhu Munda (D1) and his wife, Johni Mundain (D2), at 7.00 p.m. on 24.10.1995, by beating them by Dhelforwa (a mace like heavy wooden object used for breaking big pieces of earth in the field). The Trial Judge, finding them guilty, sentenced each one of them to imprisonment for life. The appeal is against the said conviction and sentence.

2. The son of Lachhu Munda fell sick and died a few days prior to the date of incident and the first appellant was suspecting that Budhu Munda and Johni Mundain have practised witchcraft to cause the death of the newly born child. On 24.10.1995 at about 6.00 p.m., when Etwari Mundain, P.W.7, was returning to her house, the first appellant, Lachhu Munda, catching hold of her, pressed her neck and she saw the second appellant, Lodrao Munda, present there and Budhu Munda, D1, standing near the boundary wall of the house. The first appellant, Lachhu Munda, who initially held Etwari Mundain, left her and









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