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2002 DIGILAW 160 (JHR)

BIPIN BIHARI NAND TIWARY v. STATE OF BIHAR

2002-02-12

LAKSHMANA RAO, SUDHANSU JYOTI MUKHOPADHAYA

body2002
Judgment : LKKSHMAN URAON, J. ( 1 ) THIS criminal appeal has been directed against the order of conviction and sentenced passed by the learned 4th Additional Judicial Commissioner, Ranchi, in Sessions Trial No. 361 of 1986 under Section 302, IPC. ( 2 ) THE prosecution case, as per Fardbayan of the informant Munni Devi is that her son-in-law, Raj Kishore Pandey had been to her village Kandri. He was sleeping in the house of the informant in the night of 3/4th of December, 1984. At about 11-30 p. m. she woke-up on the Hullan and went into the room of her son-in-law Raj Kishore Pandey. He saw that her son-in-law was being assaulted by this appellant Bipin Bihari Nand Tiwari, the son of her sautan Madhu Devi with Iron Gupti on the left portion of cheek and neck and near the left ear of Raj Kishore Pandey. ( 3 ) RAJ Kishore, Pandey sustained bleeding injuries and became unconscious, she and her only daughter Shiwawati Devi wife of injured Raj Kishore Pandey saw the alleged occurrence. On Hullah nearby neighbours, namely, Ras Bihari Nand Tewari, Braj Bihari Nand Tiwari, Daya Nand Tiwari and others rushed there and saw the injured Raj Kishore Pandey in an unconscious condition. The injured was taken to Mandar Holy Family Hospital for treatment by Ras Bihari Nand Tiwari, Dayanand Tiwari and Braj Bihari Nand Tiwari where he died in course of treatment. ( 4 ) THE FIR was lodged on the next day under Sections 325 and 307, IPC. After the death of the injured it was converted into Section 302, IPC. ( 5 ) THE sole accused Bipin Bihari Nand Tiwari was charged under S. 302, IPC. The prosecution has examined altogether twelve (12) witnesses including the documentary evidence in support of the charge framed under S. 302, IPC against the accused. The learned 4th Additional Judicial Commissioner, Ranchi mostly relied the evidence of the informant Munni Devi and her daughter P. W. 9 Shiwawati Devi wife of the deceased, who are the eye-witnesses. The learned 4th Additional Judicial Commissioner found that the other witnesses P. W. 1, P. W. 2, P. W. 3 and P. W. 6 rushed to the P. O. at night on hearing. The learned 4th Additional Judicial Commissioner found that the other witnesses P. W. 1, P. W. 2, P. W. 3 and P. W. 6 rushed to the P. O. at night on hearing. Hullah and saw Nand Kishore Pandey in an unconscious condition lying with bleeding injuries on his left portion of head near the left ear and left portion of neck. They were informed by the eye-witnesses P. Ws. 8 and 9 that the sole appellant injured with Iron Gupta to Raj Kishore Pandey. ( 6 ) THE only point for consideration before us is as to whether the prosecution has proved the manner of the alleged occurrence, the place of occurrence and involvement of the sole accused in causing injuries resulting death of Raj Kishore Pandey. ( 7 ) WE take the evidence of the eye-witnesses P. W. 8 Munni Devi and her daughter P. W. 9 Shiwawati Devi. These two witnesses along with the deceased and mother of the accused Madhu Devi were at home at that night, this witness P. W. 8 Munni Devi had stated that Madhu Devi was her sautan; the first wife of Hari Charan Nand Tiwari. Informant Munni Devi P. W. 8 is the second wife of Hari Charan Nand Tiwari. After the alleged occurrence, Hari Charan Nand Tiwari and his first wife Madhu Devi died. During the life time of Madhu Devi and Hari Charan Nand Tiwari, they were living separately with sautan Munni Devi. Munni Devi had only daughter Shiwawati Devi, P. W. 9 whereas Madhu Devi had one son Bipin Bihari Nand Tiwari the appellant. ( 8 ) P. W. 8 informant had stated that her son-in-law Raj Kishore Pandey had come to her home and slept on the floor separately in a Dhaba. There was ledra on his bed. Accused Bipin Bihari Nand Tiwari came at night from outside and called out his mother Madhu Devi. Madhu Devi came out with a burning "dhibri" and opened the door. Accused Bipin Bihari Nand Tiwari went in his room through the room where the informant was sleeping. He came back with an Iron Gupti from his room along with one wooden gotak. Thereafter he started giving piercing blows on the left side of cheek, neck and near by left ear to the son-in-law of the informant. Accused Bipin Bihari Nand Tiwari went in his room through the room where the informant was sleeping. He came back with an Iron Gupti from his room along with one wooden gotak. Thereafter he started giving piercing blows on the left side of cheek, neck and near by left ear to the son-in-law of the informant. The son-in-law of the informant cried, then she and her daughter and also her husband rushed the there and saw that this appellant was giving piercing blows on the person of Raj Kishore Pandey repeatedly at three places. On hullah, Ras Bihari Nand Tiwari, Bipin Bihari Pandey, rushed there and saw the accused running away. They saw the injured Raj Kishore Pandey, who was taken to Holy Family Hospital, Mandar in an unconscious condition. This witness P. W. 8 has stated that in the morning her fardbeyan was recorded at the hospital itself by the Police on which she gave her L. T. I. Her son-in-law had died. In her cross-examination she has totally stood to the test regarding the murder caused by this sole appellant to her son-in-law. The informant P. W. 8 tried to save but she was pushed by the appellant. The appellant also kicked his father when he was also trying to save the injured. ( 9 ) P. W. 9 Shiwawati Devi has supported the evidence of her mother, informant, as eye-witness by saying that this appellant caused piercing injuries on the left neck and cheek and near by left ear to her husband. She has also supported that when this appellant came from outside and knocked the door, his mother Madhu Devi opened the door by taking a burning "dhibri". This appellant went through the room of this witness and entered in his room and soon thereafter, he came with an Iron Gupti and caused injuries to her son-in-law Raj Kishore Pandey. ( 10 ) P. W. 7 Dr. Yogendra Nath conducted post-mortem examination on the dead body of Raj Kishore Pandey on 6-12-1984 at about 9-30 a. m. and found two stitched wound (Ununited) :- (i) 1 x 1/2 c. m. (1/2 soft tissues) over left mastoid region, behind left external ear. (ii) 1/2 c. m. (1/4 x soft tissues) over left angle of manderil. Yogendra Nath conducted post-mortem examination on the dead body of Raj Kishore Pandey on 6-12-1984 at about 9-30 a. m. and found two stitched wound (Ununited) :- (i) 1 x 1/2 c. m. (1/2 soft tissues) over left mastoid region, behind left external ear. (ii) 1/2 c. m. (1/4 x soft tissues) over left angle of manderil. Abrasion :- 2 x 1 c. m. over left mastoid region one doctor found that there was diffuse contusion of left lateral part of neck and adjoining left temporal and occipital scalp. There is crack fracture of occipital bone left side. There is contusion of whole brain, presence of subdeural blood and blood clots, laceration of occipital bone of brain under surface and lacertation of cerebellue. This witness opined that all the injuries are ante-mortem in nature. The surgeon had stitched the injuries caused by sharp cutting portion of Gupti, might have been used and death was caused due to head injury. He prepared post-mortem report and put his signature marked as Exhibit-2. ( 11 ) P. W. 1 Degamber Nath Tiwari, P. W. 2 Dayanand Tiwari, P. W. 3 Ras Bihari Nand Tiwari and P. W. 6 Ras Bihari Nand Tiwari were sleeping in that eventfull night in their respective homes. They heard sound of weeping and went to the home of informant Munni Devi. They saw Raj Kishore Pandey in injured condition, who was sleeping on the floor of the door of the house. They were informed by Munni Devi that Bipin Bihari Nand Tiwari injured her son-in-law Raj Kishore Pandey. These witnesses claimed that the injured Raj Kishore Pandey was taken to Holy Family Hospital, Mandar for treatment, who died after 2/3 days in the hospital. They have stated that many villagers had assembled at the Coridoor of the house and a "dhibri" was burning. They saw blood stained marks on the bed. P. W. 1 Daya Nand Tiwari is the seizurelist witnesses of the seized blood stained cloth on which he signed marked as Ext. 1. Ex. 2 Daya Nand Tiwari is also seizurelist witness on which he signed Ext. 1/a in respect of seized blood stained cloth (Rajaikholi ). ( 12 ) P. W. 5 Braj Bihari Narayan Tiwari also called upon to the house of the informant. He informed that he had entered into the house of the informant on Hullah. 1. Ex. 2 Daya Nand Tiwari is also seizurelist witness on which he signed Ext. 1/a in respect of seized blood stained cloth (Rajaikholi ). ( 12 ) P. W. 5 Braj Bihari Narayan Tiwari also called upon to the house of the informant. He informed that he had entered into the house of the informant on Hullah. He was declared hostile by the prosecution. ( 13 ) P. W. 10 Paul Kerketta, witnesses on the inquest report of the dead body of the deceased Raj Kishore Pandey on which he signed Ext. 1/8. ( 14 ) P. W. 12 Ram Suresh Upadhaya recorded the fardbeyan of Munni Devi on 4-12-1984 on which she gave her L. T. I. Thereafter he made over charge of investigation of this case to P. W. 11 Narendra Singh, P. W. 11 the I. O. has proved the fardbeyan recorded by R. S. Upadhaya S. I. Mandri P. S. of Munni Devi Ext. 3. He took investigation of the case and found the place of occurrence at village Mandri, the house of Hari Charan Nand Tiwari, husband of the informant. He was informed that Raj Kishore Pandey was sleeping on the floor on the rajai/cover. He also found one dhoti. He found blood stained on the cover of rajai and dhoti. He seized these materials and prepared seizure list in his pen and signature Ext. 5. He found two doors in that room; one door was ment to go to the angan and the other door was forgoing inside the room as enterance door. He again examined the informant and prepared inquest report at Mandri Hospital, Ext. 6 Braj Bihari Nath Tiwari P. W. 5 in his statement before him stated that on hearing sound of weeping of the informant he went to her house and saw Raj Kishore Pandey in an injured condition having injuries on his left side of neck. He was informed that the appellant injured with an Iron Gupti. He also stated that the mother of Bipin Bihari, was holding "dhibri". As we have discussed the evidence of the witnesses. P. Ws. 2, 3 and 6 who rushed to the house of the informant on hearing weaping and crying saw Raj Kishore Pandey in an unconscious injured condition with bleeding injuries on his left portion of check, neck and by the side of left ear. As we have discussed the evidence of the witnesses. P. Ws. 2, 3 and 6 who rushed to the house of the informant on hearing weaping and crying saw Raj Kishore Pandey in an unconscious injured condition with bleeding injuries on his left portion of check, neck and by the side of left ear. They all were informed by the informant that Bipin Bihari Pandey caused bleeding injuries to Raj Kishore Pandey with Iron Gupti. P. W. 1 and P. W. 9 are the only eye-witnesses, who supported their statements and informed that this appellant is the sole person, who injured Raj Kishore Pandey with an Iron Gupti on the portion which was also found corroborated by the evidence of P. W. 7 Dr. Yagendra Nath. He found all the injuries ante-mortem in nature caused by sharp cutting weapon, Iron Gupti. Hari Charan Nand Tiwari had two wives, first wife was Madhu Devi and second wife is the Munni Devi. Munni Devi gave birth to only child P. W. 9 Shiwawati Devi, who was married with the deceased Raj Kishore Pandey. The appellant is the only son of Hari Charan Tiwari through his wife Madhu Devi. There was differences in between both wives of Hari Charan Tiwari resulting that they were living separately. There was also dispute regarding partition of property as the informant had got no son. The place of occurrence has been proved by the witnesses, who are the villagers corroborated by the evidence of the I. O. who inspected the P. O. ( 15 ) IT was at 11-30 p. m. , it is not expected that there would be any other eye-witness to see the occurrence. It is quite natural that the informant and her daughter were inside the house. They have fully corroborated the fardbeyan of the informant that this appellant is the sole person responsible the above considered evidence, both oral and documentary, we come to the conclusion that there is no any ground of suspicion in this case. On the other hand, it is well proved case that this sole appellant had caused murder of Raj Kishore Pandey only due to family differences regarding family property. ( 16 ) IN the result, this criminal revision is dismissed. The judgment of conviction and sentenced passed by the learned Court below is hereby confirmed. Petition dismissed. --- *** --- .