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JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1502 OF 2004

BADAL MURMU AND ORS.

…APPELLANTS

Versus

STATE OF WEST BENGAL

…RESPONDENT

JUDGMENT

(SMT.) RANJANA PRAKASH DESAI, J.

1.

There are eleven appellants. All of them were tried by the

Additional Sessions Judge, Burdwan for offences punishable

under Section 148 and Section 302 read with Section 149 of

the IPC. They were convicted for offences punishable under

Section 148 and Section 302 read with Section 149 of the IPC

and sentenced to undergo imprisonment for life for causing

death of one Jhore Soren (“deceased-Jhore Soren”). The

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JUDGMENT

appellants’ appeal was dismissed by the High Court. Hence,

the present appeal.

2.

The prosecution story could be shortly stated:

The appellants and the prosecution witnesses belong to

Santhal Community of village Mobarakpur. In March, 1989,

deceased-Jhore Soren killed the hen of one Bhagbat. This

created a furore in Santhal community. A Salish was called

and the deceased was asked to give one hen and two handies

of country liquor to Bhagbat as a penalty by the Salishman.

Deceased-Jhore Soren compl