In criminal cases, convictions must be based on evidence establishing guilt beyond a reasonable doubt; general allegations without specific evidence against accused do not suffice.

JUDGMENT :

Sujit Narayan Prasad, A.C.J.

1. The instant appeal under Sections 374(2) of the Code of Criminal Procedure, 1973 is directed against the judgment of conviction dated 12.04.1999 and order of sentence dated 15.04.1999 passed by the learned Second Additional Judicial Commissioner, Khunti in S.T. No. 341/96 whereby and whereunder, the appellants named above together with one Pahan Munda (since dead after judgment) have been convicted under Sections 452 , 380, 364, 427 and 147 of the INDIAN PENAL CODE and have been sentenced to undergo RI for life under Section 364 IPC, RI for 7 years under Section 452 IPC, RI for 3 years under Section 380 IPC, RI for two years under Section 427 IPC and RI for 2 years only under Section 147 IPC, and directed the above sentences to run concurrently.

2. At the outset it needs to refer herein that the initially the instant appeal had been preferred by the 12 accuse/appellants but during pendency of the instant appeal except Appellant no.9 Magan Munda and Appellant No.11 Lobin Munda the other 10 appellant died as such the instant appeal was abated against the said 10 appellants vide order dated 24.11.2023 and 20.12.2023.

Factual Matrix
3. The brief facts of the case as per the memo of appeal is being referred herein which reads as under:

4. In the presence of Chaman Singh Munda (P.W. 8), Rukmani Devi P.W.7 (informant) had given her fardbeyan recorded on 27.06.1996 and on the basis of which the FIR(Ext.5) of the instant case was instituted, alleging therein that the informant was inside the house with her husband namely, Chaitan Singh Munda on 26.06.1994.

5. In the morning hours, at about 7 A.M., 40 to 45 persons together along with the appellants and Gobra Munda, Jagan Munda came and surrounded her house and started shouting.

6. The mob broke open the main door of the house and entered into the house and caught hold of her husband-Chaitan Singh Munda. The unlawful assembly dragged out her husband from the house and also took away property documents and ornaments of gold and silver. They also damaged the chhappar of the house. The mob took away her husband and subsequently, she came to know that few other persons namely, Radha Munda, Lugna Munda, Bhola Munda, Budhu Munda, Ghurna Munda and Mansa Munda were also taken away by the mob.

7. Altogether the mob took away the Informant’s husband and six others towards the jungle and the miscreants had severely assaulted her husband and other persons. It was alleged that the occurrence has taken place due to a long-standing land dispute between her husband at one hand and accused Parasnath Munda and Lobin Munda on the other side. She suspected that her husband was taken away for the purpose for committing murder in the jungle.

8. On the basis of the aforesaid, FIR being Sonahatu P.S. Case No. 45 of 1994 was instituted and the police took up investigation into the case and accordingly chargesheet under Sections 147 , 148, 149, 323, 324, 427, 380 and 364 of the IPC was submitted against 16 accused persons including the surviving appellants.

9. Out of the accused persons, Gobra Munda and Jagan Munda had died during the pendency of the trial, whereas accused Jaipal Munda evaded the trial by absconding

10. The prosecution in order to prove the case has adduced evidence, both documentary and oral whereas the defence case is total denial of the involvement of the accused persons in the case.

11. The Trial Court, after recording the evidence of witnesses, examination-in-chief and cross-examination, recorded the statement of the accused persons and found the charges levelled against the appellants proved beyond all reasonable doubts.

12. Accordingly, the appellants have been convicted under Sections 452 , 380, 364, 427 and 147 of the INDIAN PENAL CODE and have been sentenced to undergo RI for life under Section 364 IPC, RI for 7 years under Section 452 IPC, RI for 3 years under Section 380 IPC, RI fo