Advocates:
['BASANT KR PANDEY', '', 'ASHOK KR PANDEY', 'ARVIND KUMAR PANDEY', 'APP', '', 'MANOJ KR MISHRA']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Criminal Appellate Jurisdiction)

Criminal Appeal (DB) No.512 of 2013

with

Criminal Appeal (DB) No.386 of 2013

[Against the judgment of conviction dated 9^th May 2013 and the order of sentence

dated 13^th May 2013 passed by the learned Judicial Commissioner-I, Khunti in

Sessions Trial No.113 of 2007/491 of 2007]

--------

In Criminal Appeal (DB) No.512 of 2013:

1. Mahadeo Singh Munda, s/o Lakhindra Singh Munda, r/o

village-Sumannari, PO-Jiling Sereng, PS-Tamar, District-Ranchi

2. Chaitan Singh Munda, s/o Lt. Gosai Singh Munda, r/o village-

Sumannari, PO-Jiling Sereng, PS-Tamar, District-Ranchi

… Appellants

In Criminal Appeal (DB) No.386 of 2013:

1. Arjun Singh Munda, s/o Lakhindra Singh Munda, r/o village-

Sumannari, PO-Jiling Sereng, PS-Tamar, District-Ranchi

2. Lakhindra Singh Munda, s/o Lt. Budhu Singh Munda, r/o

village-Sumannari, PO-Jiling Sereng, PS-Tamar, District-Ranchi

… Appellants

Versus

The State of Jharkhand

... Respondent

(in both cases)

--------

(Heard through V.C on 27^th November & 8^th December 2021)

CORAM: HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR

HON’BLE MR. JUSTICE RATNAKER BHENGRA

For the Appellant(s)

: Mr. J. S. Singh, Advocate

Mrs. Nivedita Kundu, Advocate

[in Cr. App. (DB) No. 512/2013]

Mr. Ashok Kumar Pandey, Advocate

[in Cr. App. (DB) No. 386/2013]

For the State

: Mr. Manoj Kumar Mishra, APP

[in both cases]

--------

J U D G M E N T

8^th December 2021

Per, Shree Chandrashekhar, J.

Mahadeo Singh Munda and Chaitan Singh Munda who

are the appellants in Criminal Appeal (DB) No.512 of 2013 along

with Lakhindra Singh Munda, Shambhu Nath Singh Munda and

2 Criminal Appeal (DB) No. 512 of 2013

with

Criminal Appeal (DB) No. 386 of 2013

Arjun Singh Munda who are the appellants in Criminal Appeal (DB)

No.386 of 2013 are convicted and sentenced under section 302/34

of the Indian Penal Code. In Sessions Trial No.113 of 2007 with

Sessions Trial No.491 of 2007, the appellants are sentenced to

RI for life and a fine of Rs. 20,000/- each under section 302/34 of

the Indian Penal Code with a default stipulation to undergo further

imprisonment for two years.

2.

Mahadeo Singh Munda, Chaitan Singh Munda,

Lakhindra Singh Munda, Shambhu Nath Singh Munda, Arjun

Singh Munda and Nishikant Singh Munda were made accused in

Tamar PS Case No.70 of 2006 which was registered on 28^th July

2006 under section 302/34 of the Indian Penal Code. The

fardbeyan of Ranjeet Singh Munda was recorded on 28^th July 2006

at 10:15 AM by Rampravesh Kumar who was the officer-in-charge

of Tamar PS. The informant who is the husband of Manjri Devi

stated that after working in the field he returned home at

05:00 PM. Soon thereafter, he heard cries (cpkvks&cpkvks) of his wife

and daughter and so rushed in that direction. There he saw that

Mahadeo Singh Munda, Chaitan Singh Munda, Lakhindra Singh

Munda, Shambhu Nath Singh Munda, Arjun Singh Munda and

Nishikant Singh Munda had encircled his wife. They committed

marpit with his wife who was trying to ward-off the assault and was

crying. The informant further stated that he reached the place of

occurrence with his brothers-in-law and tried to intervene but in

the meantime Chaitan Singh Munda slapped and pushed his wife

and Mahadeo Singh Munda started indiscriminate attack on her

head with tangi. The other villagers who were working in the

adjoinin