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2002 DIGILAW 139 (JHR)

Genda Oraon v. State Of Bihar

2002-02-08

LAKSHMAN URAON, M.Y.EQBAL

body2002
JUDGMENT M.Y. Eqbal, J. 1. This appeal is directed against the judgment dated 25.1.1993 pansed by 7th Additional Judicial Commissioner, Ranchi in S.T. No. 185/90, whereby and whereunder the appellant was found guilty of the charges for the offence under Section 302/324. IPC and sentenced to undergo rigorous imprisonment for life. 2. The prosecution case in short is that on 30.10.1987 at 3 p.m. the informant alongwith his mother reached near the house of Mangra of his village after harvesting Mania, the appellant Genda Oraon arrived there armed with tangi and hurled the same on the mother of the informant saying that he would kill her on the day. The blow of tangi caused injury on the back side of the head of the informants mother. Sustaining injury informants mother fell down. The accused again gave another blow of tangi, which caused injury on her nose. The informants mother succumbed to her injury. Further case of the prosecution, which is evident from the FIR, is that prior to assaulting and killing the Informants mother, the accused had assaulted Chito Kumari, Jharia Kumari and Rania Kumari, all of the same village. The cause behind killing the informants mother was exchange of hot words in between the accused and the family members of the informant, some days prior to the occurrence. On the basis of FIR a criminal case was instituted and the post-mortem of dead body was conducted. All the three injured girls were also examined by the doctor. On the basis of charge-sheet submitted by the prosecution, cognizance was taken and the case was committed to the Court of Sessions. The accused has not pleaded guilty of charges levelled against him. The prosecution examined altogether 9 witnesses. PW 1 is the father of one of the injured girl, who is the eye-witness of the occurrence. PW 4 is the informant of the case. PW 5. Jharia is one of the victim of the occurrence. PW 6 Rania is also one of the victim of the occurrence. PW 7 is the inquest witness, who has proved the inquest report and seizure list of blood stained earth. PW 8 is the doctor, who had examined all the injured three girls and also conducted autopsy on the dead body of the Informants mother. PW 9, who is another witness, who has proved the FIR. 3. PW 7 is the inquest witness, who has proved the inquest report and seizure list of blood stained earth. PW 8 is the doctor, who had examined all the injured three girls and also conducted autopsy on the dead body of the Informants mother. PW 9, who is another witness, who has proved the FIR. 3. Out of the aforementioned witnesses, PWs 1, 4 and 8 are most important witnesses. The informant (PW 4). who is the daughter of the deceased, has categorically stated that on the date of occurrence when she was returning to the house alongwith her mother after harvesting Marua, the accused, armed with tangi, arrived on the road and hurled tangi on her mother saying that he would kill her on the day. The accused gave a second blow of tangi, which caused serious injury on the back portion of the head and the nose, as a result of which her mother succumbed to her injury. She further deposed that prior to assaulting her mother accused had assaulted Chito, Jharia and Rania, the three girls of the village. She further deposed that there was exchange of hot words in between her mother and the accused prior to the occurrence. The said witness was fully cross-examined but nothing adverse was said by the said witness. PW 1, another eye-witness of the occurrence, has fully supported the prosecution case and the version of the informant. PW 1 is none else but the father of the victim Chito. He deposed that his daughter Chito and the daughter of Jita namely Jharia were preparing vegetable in the house. In the meantime the accused armed with tangi came and gave a tangi blow on the back portion of the head of Chito from the back side. He gave another blow of tangi to Chito, which caused injury on her three fingures of left hand. PW 5, Jharia is ajed about 12 years and PW 6, Rania Is aged about 9 years. They also fully supported the prosecution case that the accused assaulted them with tangi PW 8, Dr. Arthar Minz proved the injury report of the victim Rania and Kumari Chito. The said witness also proved the post mortem report. PW 5, Jharia is ajed about 12 years and PW 6, Rania Is aged about 9 years. They also fully supported the prosecution case that the accused assaulted them with tangi PW 8, Dr. Arthar Minz proved the injury report of the victim Rania and Kumari Chito. The said witness also proved the post mortem report. On perusal of the evidence of the witnesses, referred to hereinabove, I agree with the findings recorded by the trial Court that the prosecution proved the charges against the accused beyond all reasonable doubt. 4. It appears that the accused, in his statement under Section 313, Cr PC. said that at the time of occurrence he was insane, so he does not know as to what was done by him. On the basis of this statement, learned counsel appearing on behalf of the accused, argued that non-examination of I.O. is very much fatal to the prosecution case. Learned counsel submitted that it has come in evidence that the accused was called as mad in the village and, therefore, the I.O. was the most important witness because he could have said as to whether the accused was insane at the time when he was arrested by him. It was further argued on behalf of the accused that at the time of the commission of offence he was insane. 5. It is well settled that it is not In every case of insanity the accused will be exempt from criminal liability but it is only in cases in which the accused, by reason of his un-soundness of mind, is incapable, at the time of his committing the offence of knowing what he is doing, or that he is doing some thing wrong. To establish that the acts done arc not the offence, it must be proved dearly that at the time of commission of the act. the accused by reason of unsoundness of mind, was incapable of either knowing the nature of the act or that the acts were either morally wrong or contrary to law. 6. To establish that the acts done arc not the offence, it must be proved dearly that at the time of commission of the act. the accused by reason of unsoundness of mind, was incapable of either knowing the nature of the act or that the acts were either morally wrong or contrary to law. 6. Although, in the statement recorded under Section 313, Cr PC the accused simply stated that the was insane at the time of commission of the offence, but no evidence whatsoever was led to show that at the time of commission of the offence or some time previous to the offence in the past the accused was behaving like an insane person. From the evidence on record, it could not be gathered that both prior to the incident as well as after the incident the accused was mad and also on the date of incident hfs conduct was such to show that he was not in a mentally fit condition to understand the nature and consequence of act which was committed by him. 7. In the case of Oyami Ayatu v. State of M.P., AIR 1974 SC 216 , their Lordships observed :-- "7. Coming to the facts of the present case, we find that as many as eighteen stab injuries were caused by the appellant to Durbal deceased. A number of those injuries were on vital parts of the body and resulted in the death of the deceased. It can, therefore, be presumed that the assailant intended to cause the death of the appellant was an insane person, we find that no case of insanity of the appellant was set up at the trial nor was any evidence of other material brought on record to show that he was not a sane person at the time of commission of the offence. The burden, though not as heavy as upon the prosecution in a criminal case, was upon the accused to prove that he was of unsound mind at the time of the commission of the offence and as such, incapable of knowing the nature of his act or that he was doing what was either wrong or contrary to law. In the absence of any evidence or material to discharge that burden, there is no escape from the conclusion that the conviction of the accused appellant Is well founded. In the absence of any evidence or material to discharge that burden, there is no escape from the conclusion that the conviction of the accused appellant Is well founded. We accordingly maintain the conviction of the accused appellant and dismiss the appeal." 8. Having regard to the facts and evidence on record, we are not in a position to differ with the findings recorded by the trial Court. The judgment of conviction and sentence is, therefore, maintained. The appeal is dismissed. Lakshman Uraon, J. I agree.