Hon'ble Judges/Coram:
R.C. Lahoti and Brijesh Kumar JUDGMENT
R.C. Lahoti, J.
1. Ten accused persons, namely, Chunnu (A-1), Lallu (A-2), Toro (A-3), Gurua (A-4), Surju (A-5), Sombari (A-6), Lakhi (A-7), Kapra (A-8), Chorey (A-9) and Suku (A-10) stood trial on charges under Sections 148 and 302 r/w 149 of the IPC for being members of an unlawful assembly armed with deadly weapons with the common object of committing murder of Suphal Hansda. The Sessions Court held the charges under Sections 148 and 302/149 IPC proved against five accused persons, namely, A-1 to A-4 and A-9. As against accused Nos. 5 to 8, the Trial Court considered it safe to record their conviction under Section 147 IPC only. Those held guilty under Section 302/149 were sentenced to undergo imprisonment for life. A sentence of rigorous imprisonment for one year was inflicted under Section 148 of IPC. Both the sentences were directed to run concurrently. The accused Nos. 5 to 8, who are all women, were directed to be released on admonition under Section 3 of the Prohibition of Offenders Act.
2. Vide order dated 19th June 1989, the trial of Suku Majhi was directed to be separated. Nine accused persons were tried in present proceedings. All the accused persons and the deceased, the complainant and the witnesses are tribals belonging to Majhi community.
3. According to the FIR lodged by Mannu (PW-9) on 21.06.1987 at 2.00 PM. registered at P.S. Jadugoda, Mannu (PW-9) and his elder brother Suphal Hansda had gone to plough the field known as Murabil at about 6.00 AM. While they were ploughing the field, all the accused persons came and surrounded them. The accused persons were armed with weapons like bows and arrows, lathis and tangis. Accused Nos. 1, 2 & 9 dealt tangi blows on the deceased whereupon he fell down. Mannu, having seen the incident, ran away for his life raising hue and cry, but none intervened. All the accused persons left the place of occurrence and moved towards village Rajdhoha. At about midday the witness Mannu returned to the place of occurrence to find that his brother Suphal Hansda was already dead. The family members assembled. The Police had, by this time, reached the place of occurrence. Mohammed Soueb (PW-11) the S.H.O. took down the statement of Mannu on a piece of paper, which was got signed by Mannu and forwarded through the Village Chowkidhar to the Police Station and was registered as First Information Report of the incident. According to the FIR, the genesis of the dispute and the assault which had taken place on that day was the land and it was Kapra Majhain, the accus........