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2003 DIGILAW 429 (JHR)

Pyare Darbey v. State Of Jharkhand

2003-04-03

LAKSHMAN URAON, VISHNUDEO NARAYAN

body2003
JUDGMENT Vishnudeo Narayan, J. 1. This appeal has been preferred by the appellants named above against the impugned judgment and order dated 27.9.2001 passed by Shri Satya Prakash, 2nd Additional Sessions Judge, Dumka in Sessions Case No. 274 of 1995 whereby and whereunder they were found guilty and convicted under Section 302/34 of the Indian Penal Code and they were sentence to undergo R.I. for life and appellant No. 1 Pyare Darbey and appellant No. 2, Doha Darbey were also further found guilty under Section 325 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for five years. Co-accused Tumo Devi has also been found guilty for offence under Section 323 of the Indian Penal Code and she was convicted and sentenced to undergo imprisonment to the period already gone by her in custody. However, co-accused Tumo Devi has not filed any appeal against the impugned judgment. 2. The prosecution case has arisen on the basis of the FIR (Ext. 5) of PW 9 Manti Kuwar, the son of Sukar Kuwar, the deceased of this case lodged before Jama P.S. on 8.6.1995 at 7.45 hours regarding the occurrence which is said to have taken place on that very day at 6.30 hours in village Karhia, P.S. Jama, District Dumka. The FIR has been received in the Court empowered to take cognizance on 9.6.1995 i.e. the following day of the occurrence in question. 3. The prosecution case, in brief, is that there is a date tree of appellant No. 1, Pyare Darbey on the western ridge of the field of the informant and the seeds of the date tree had fallen in the field of the informant and about 6.30 hours on the day of the occurrence, appellant Pyare Darbey was asked to remove the said seeds but when it was not removed by the said appellant PW 8, Santia Devi wife of his brother PW 7, Shanti Kuwar collected the seeds aforesaid and had kept the same on the western ridge aforesaid and at this appellant Pyare Darbey started abusing her. It is alleged that the informant was ploughing his land in the close vicinity of the said field and on hearing the altercation he went there and at this appellant Pyare Darbey called his family members and ordered them to come there with lathi and Hasua (Dab) to kill them and appellant Pyare Darbey also ran to his house and brought tangi. The prosecution case further is that appellant No. 2 Doha Darbey and appellant No. 3 Ratni Darwain and convicted co-accused Tumo Devi besides co-accused Rabindra Darbey came there armed with Hasua (Dab), lathi and sabal respectively abusing the informant and PW 8, Santia Devi and in the meantime Sukar Mahto, the father of the informant also came there. The prosecution case further is that all the three appellants assaulted Sukar Kuwar by their respective weapons with which they were armed with causing injury on his head, left Hasuli (near the neck), below right knee, left knee and left elbow causing bleeding injuries as a result of which Sukar Kuwar fell down in the field of the informant and became unconscious and he died due to excessive bleeding as a result of the said injuries. It is also alleged that PW 9, the informant, his brother PW 7, Shanti Kuwar and also PW 8, Santia Devi, the wife of PW 7 attempted to rescue Sukar Kuwar and co-accused Rabindra Darbey assaulted the informant (PW 9) by sabal causing injuries near his right knee and convicted co-accused Tumo Devi by lathi causing injury on his left wrist and appellant Doha Darbey and Pyare Darbey assaulted PW 7, Shanti Kuwar by Hasua (Dab) and tangi respectively causing grievous injury on his person and convicted co-accused Tumo Devi, assaulted PW 8 Santia Devi by lathi causing injury on her head below left knee and left wrist. It is also alleged that the appellant Pyare Darbey is the husband of the cousin sister of the informant and he resides in the adjacent house of the informant and he is on litigating terms with the informant. Lastly it has been alleged that co-villagers, namely. PW 5, Bhakti Mal. PW 2, Debu Raut, PW 3, Janardan Rant, PW 4, Radhan Raut besides others have witnesses the occurrence. Lastly it has been alleged that co-villagers, namely. PW 5, Bhakti Mal. PW 2, Debu Raut, PW 3, Janardan Rant, PW 4, Radhan Raut besides others have witnesses the occurrence. Trial of co-accused Rabindra Darbey was split up vide order dated 12.9.1995 of the Chief Judicial Magistrate and the same was remitted to the Juvenile Court as the said co-accused was found to be juvenile aged about 12 years. 4. The appellants have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offence and that they have been falsely implicated in this case due to enmity which is existing and alive and the informant and others have assaulted all the appellants aforesaid by iron rod and Hasua (Dab) causing injuries on their person and for that a case was also lodged by the appellants against the informant and others on the same day before the Jama P.S. and the informant with a view to counter blast the case filed by the appellants has falsely implicated them in this got up case. 5. After institution of the case PW 12, ASI, Baidyanath Singh who is the I.O. of this case inspected the place of occurrence and prepared an Inquest Report (Ext. 6) of the dead body of Sukar Kuwar at the place of occurrence i.e. the land of the informant in presence of PW 5, Bhakti Mal and PW 2, Debu Raut who have witnessed the Inquest Report and their signatures thereon are Ext. 2/5 and Ext. 2 respectively. Thereafter, PW 12, had inspected the place of occurrence and seized blood stained earth in presence of PW 2 and PW 5 and the said seizure list is Ext. 7 and the signatures of the aforesaid witnesses thereon are Ext. 2/1 and 2/4 respectively and, thereafter, sent the dead body of Sukar Kuwar for postmortem examination. In course of investigation PW 12 raided the house of the appellants and recovered one tangi and two Hasulis from their house and seized them and prepared the seizure list (Ext. 8) which was witnessed by PW 3, Janardhan Raut and PW 6 Gujar Raut and their signatures thereon are Exts. 2/2 and 2/3 respectively. In course of investigation PW 12 raided the house of the appellants and recovered one tangi and two Hasulis from their house and seized them and prepared the seizure list (Ext. 8) which was witnessed by PW 3, Janardhan Raut and PW 6 Gujar Raut and their signatures thereon are Exts. 2/2 and 2/3 respectively. The I.O. before coming to the place of occurrence had also issued requisition for the examination of the injuries of PWs 9, 7 and 8 forwarded them to the Medical Officer, P.H.C., Jama, Dumka who were examined by PW 11, Dr. Vijay Kumar Singh and Exts. 4, 4/1 and 4/2 are the injury reports regarding the injuries found on the person of PW 8, Santia Devi, PW 7 Shanti Kuwar and PW 9 Manti Kuwar, the informant respectively, PW 10, Dr. Surendra Kumar Prasad had conducted the postmortem examination on the dead body of Sukar Kuwar, the deceased of this case and the postmortem report per his pen is Ext. 3. In this case PWs 9, 8, 7, 3, 4 and 5 claim themselves to be the ocular witness of the occurrence and PWs 9, 8 and 7 claim to have sustained injury in the said occurrence. However, PWs 2 and 6 do not appear to be the ocular witness of the occurrence and PW 1 is a formal witness. DW 1 Ajit Raut a formal witness has proved the rent receipts Ext. A to A/6 and A/8 to A/26 besides A/7 the voter list. Some public documents were also taken into evidence in this case and marked exhibits for the appellants vide order dated 31.8.2001 and these documents are voter list (Ext. B), certified copy of Khatiyan of Khata No. 41 (Ext. B/l), Khatiyan of J.B. No. 41 of village Mauza Aguia (Ext. B/2), certified copy of Khatiyan of J.B. No. 42/67 (Ext. B/3), certified copy of order-sheet of R.E. case No. 54/82 between Bikal Kuwar and Saran Kuwar (Ext. B/4), order-sheet of M.P. Case No. 136/85 between Ranti Darwain and Sukar Kuwar (Ext. B/5) and certified copy of Khatiyan of village Karhaiya regarding J.B. No. 42 (Ext. B/6). However, it is relevant to mention here that the FIR of the alleged counter case and the injury reports, if any, of the alleged injured appellants have not been brought on the record on behalf of the defence. 6. B/5) and certified copy of Khatiyan of village Karhaiya regarding J.B. No. 42 (Ext. B/6). However, it is relevant to mention here that the FIR of the alleged counter case and the injury reports, if any, of the alleged injured appellants have not been brought on the record on behalf of the defence. 6. Assailing the impugned judgment it has been submitted by the learned counsel for the appellants that the learned Court below did not meticulously consider the evidence on the record in proper perspective and has erred in coming to the finding of the guilt of the appellants. Elucidating further It has been submitted that there is material contractions and inconsistencies in the evidence of PWs 7, 8 and 9 and they have given different account of the alleged occurrence in their evidence and in view of the material contradictions and inconsistencies their evidence is fit to be discarded in this case. It has also been submitted that there are two contradictory versions of the occurrence in view of the existence of the counter case filed on behalf of the appellants regarding the same occurrence and the I.O. has also found injuries on the person of some of the appellants and the prosecution has not explained the injuries appearing on the person of some of the appellants with ulterior motive and the prosecution has not come with a clean hand and heart. It has further been contended that one tangi and two Hasulis recovered from the house of the appellant does not contain any blood stains thereon and in every house in the countryside such weapons are invariably found and these weapons has no co- relation at all with the occurrence as a weapon of assault and no inference can be drawn in respect thereof as weapon of assault in this case. It has also been contended that there is no serologist report to establish the fact that the blood stained earth alleged to have been seized from the place of occurrence has human blood therein. Lastly it has been contented that both the parties to this case were on litigating terms prior to the occurrence and the enmity between them was existing and alive and due to this enmity they have been falsely roped in this got up case and in view of the contentions aforesaid the impugned Judgment is unsustainable. 7. Lastly it has been contented that both the parties to this case were on litigating terms prior to the occurrence and the enmity between them was existing and alive and due to this enmity they have been falsely roped in this got up case and in view of the contentions aforesaid the impugned Judgment is unsustainable. 7. The learned APP has contended that in this case there is testimony of three injured witnesses i.e. PW 9, PW 7 and PW 8 to support the prosecution case and their evidence stands corroborated by PWs 3, 4 and 5 and the learned Court below has rightly relied upon their testimony and has found the appellants guilty. It has also been submitted that the appellants did not bring on the record the FIR of the counter case and the injury report regarding their alleged injuries on their person deliberately as their alleged counter version was palpably false for the reason that the alleged injury must be superficial in nature easily manufactured by themselves and in this view of the matter there was no onus on the prosecution to explain the said manufacture superficial injuries alleged to be existing on some of the appellants. It has also been submitted that the deceased has been done to death by the appellant due to enmity and in view of the evidence on the record there is no infirmity at all in the impugned judgment. 8. Before adverting to the evidence on the record it is pertinent to mention at the very outset that Bikal Kuwar, the father of appellant Ratni Darwain and Sukar Kuwar, the deceased of this case are the sons of Mahanand Kuwar and it transpires from Ext. B/l, the Khatiyan of Khata No. 41. Ext. B/3, the Khatiyan of Khata No. 42 also stands in the name of Suka Kuwar aforesaid and Ratni Darwain and Badho Rani daughters of Bikal Kuwar. It, therefore, appears that Sukar Kuwar and Bikal Kuwar were full brothers. Appellant Ratni Darwain is the daughter of Bikal Kuwar and appellant Pyare Darbey is her husband. Appellant Doha Darbey and juvenile co-accused Rabindra Darbey are the sons of appellant Pyare Darbey and co-accused Tumo Devi is the daughter of appellant Pyare Darbey. Said Bikal Kuwar had no son and appellant Pyare Darbey was residing in the P.O. village in the house of Bikal Kuwar as Gharjamai. Appellant Doha Darbey and juvenile co-accused Rabindra Darbey are the sons of appellant Pyare Darbey and co-accused Tumo Devi is the daughter of appellant Pyare Darbey. Said Bikal Kuwar had no son and appellant Pyare Darbey was residing in the P.O. village in the house of Bikal Kuwar as Gharjamai. PW 9 Manti Kuwar and PW 7 ShanU Kuwar are the sons of aforesaid Sukar Kuwar, the deceased of this case. The appellants reside in the house of Bikal Kuwar aforesaid which is situated adjacent the house of the informant in village Karhaiya. Admittedly both the parties to this case are on litigating terms. There is enmity between them prior to the occurrence which is still existing and alive. 9. It will admit of no doubt that the occurrence has taken place in the field of the informant at 6.30 hours on 8.6.1995 in which Sukar Kuwar was done to death and PW 9, the informant PWs 7 and 8 were assaulted. Soon after the institution of this case all the three injured, namely, PWs 9, 7 and 8 were referred for their medical examination by the I.O. and the place of occurrence was inspected by the I.O. who had prepared the Inquest Report (Ext. 6) at 9.00 hours on that very day at the place of occurrence itself which is the land of the informant and as seized blood stained earth and the seeds of the date tree from there as per Ext. 7. The objective finding of the I.O. is that the place of occurrence is the land of the Informant situate 50 yards south from the house of the appellant where he has found copious blood fallen in the said field and also seeds of date fallen in the said field. He has also deposed that he found accumulated seeds of date three yards west from the place of occurrence and the land of the appellant is adjacent west of the land of the informant which is the place of occurrence. The I.O. has categorically deposed that there are seven big and small date trees on the ridge in between the land aforesaid of the informant and the land of the appellant and those date trees belong to the appellants. The I.O. has categorically deposed that there are seven big and small date trees on the ridge in between the land aforesaid of the informant and the land of the appellant and those date trees belong to the appellants. The objective findings of the I.O. read with the evidence of PWs 9, 7 and 8 clearly establish the fact that PW 7 had accumulated the seeds of the date fallen in her land and kept the same on the ridge in between the place of occurrence land and the land of the appellants. Seizure of the seeds of date as per Ext. 7 also corroborates the fact that those seeds from the date tree of the appellant had fallen in the land of the informant. Therefore, the genesis of the occurrence stands clearly established in view of the evidence on the record. PW 10, Dr. Surendra Kumar Prasad has deposed to have conducted the postmortem on the dead body of the deceased and he has found the following ante mortem injuries :-- (i) One incised wound right leg below knee 5"x4" bone deep, with fracture of libia and fibula. Cut ends of nerves and vessels exposed. Blood clot present. (ii) One incised wound left leg below knee antro lateral aspect 3"x1/2"x1/2". (iii) One incised wound left hand dorsal aspect 1"x1/2" skin deep, exposing the tendons. (iv) One incised wound left elbow 3"x2"x1" elbow joint open. (v) One incised wound on left side of neck at the root 2" x 1/2" extending upto the thorasic cavity. Clavical bone exposed. (vi) One incised wound on right arm 1" x 1/2" skin deep. (vii) One incised wound on skull parital region 4" x 2" scalp deep with fracture of the underline bone. Beneath the fracture blood clot were present. (viii) One incised wound on scalp right side parital region parallel to the above injury 1" x 1/2" scalp deep. The medical witness has further deposed that the cause of death of the deceased is due to shock and haemorahage as a result of the above mentioned ante mortem injuries caused by sharp cutting weapon such as tangi or Hasua and the time elapsed since death from the postmortem examination is between 24 hours to 36 hours, PW 11, Dr. The medical witness has further deposed that the cause of death of the deceased is due to shock and haemorahage as a result of the above mentioned ante mortem injuries caused by sharp cutting weapon such as tangi or Hasua and the time elapsed since death from the postmortem examination is between 24 hours to 36 hours, PW 11, Dr. Vijay Kumar Singh has examined the injuries found on the person of PWs 8, 7 and 9 in the PHC Jama between 1.30 p.m. and 1.50 p.m. He has deposed to have found the following injuries on the person of PW 8 Santiya Devi :-- (i) Lacerated wound 1/2" x 1/4" x muscle deep on the upper part of right leg. (ii) Lacerated wound 2" x 1/4" x muscle deep on the middle of scalp. (iii) Abrasion 1/2 "x 1/4" x on the lower part of back of right fore arm. (iv) Bruises 2" x 3/4" and 1-1/2" x 2/3" on the middle of outer surface of left thigh. (v) Bruise 2-1/4" x 1" on the middle of back of left leg. PW 11 has further deposed that the injury aforesaid appearing on PW 8 is simple in nature caused by hard and blunt substance such as lathi. It is relevant to mention here that according to the prosecution case assault on PW 8, Santiya Devi was perpetrated by co-accused Tumo Devi by lathi. PW 11 has furl her deposed to have found following injuries on the person of PW 7, Shanti Kuwar :-- (i) A lacerated wound 1-3/4" x 1/4" muscle deep on the posterior part of left parietal region of scalp. (ii) Incised wound 5-1/2" x 2" x bone deep on the upper part of the right leg. Upper part of tibia is cut 2-1/4" in length. (iii) Incised wound 3-3/4" x 1/2" muscle deep on interior surfaces of middle of left arm. (iv) Incised wound 2" x 1/2" muscle deep on the thinner eminence of left palm. (v) Incised wound 1-1/2" x 1/4" x muscle deep on upper part of right side of back. The medical witness has further deposed that injury Nos. (iii) Incised wound 3-3/4" x 1/2" muscle deep on interior surfaces of middle of left arm. (iv) Incised wound 2" x 1/2" muscle deep on the thinner eminence of left palm. (v) Incised wound 1-1/2" x 1/4" x muscle deep on upper part of right side of back. The medical witness has further deposed that injury Nos. 1, 3, 4 and 5 are simple in nature whereas injury No. 2 aforesaid is grievous and all the injuries aforesaid except injury No. 1 has been caused by heavy sharp weapon such as dab, axe or Hasua and injury No. 1 by hard and blunt substance. According to the prosecution case appellants Doha Darbey and pyare Darbey are said to have assaulted PW 7, Shanti Kuwar by Hasua (Dab) and tangi respectively. The medical witness has also deposed to have found the following injuries on the person of PW 9, Manti Kuwar, the informant :-- (i) Bruise 1" x 1" on the lower part of left fore am, (ii) Abrasion 3" x 1/4" on the lower part of right leg. His evidence is further to the effect that both the injuries aforesaid are simple in nature caused by had and blunt substance. According to the prosecution case co-accused Tumo Devi and juvenile accused Rabindra Darbey are said to have assaulted the informant by lathi and sabal respectively. The medical witness has categorically deposed that age of the injuries appearing on the person of PWs 8, 7 and 9 is within 12 hours and the injury report Ext. 4 series per pen of PW 11 corroborates the prosecution case as averred in the FIR regarding the injuries on the person of the aforesaid three persons as a result of the assault on them in the occurrence in question. 10. Let us now advert to the evidence on the record regarding the manner of the occurrence. 4 series per pen of PW 11 corroborates the prosecution case as averred in the FIR regarding the injuries on the person of the aforesaid three persons as a result of the assault on them in the occurrence in question. 10. Let us now advert to the evidence on the record regarding the manner of the occurrence. According to the prosecution case there is date trees of appellant No. 1 Pyare Darbey on the western ridge of the field of the informant and the seeds of the date trees had fallen in the field of the informant and at about 6.30 hours on the day of the occurrence appellant Pyare Darbey was asked to remove the said seeds but when it was not removed by the said appellant PW 8 Shantia Devi collected the seeds aforesaid from her land and had kept the same on the western ridge aforesaid and at this Pyare Darbey started abusing her. PW 8, Shantia Devi has deposed that at about 6.00 oclock on the day of the occurrence she was collecting seeds of the date from her land and she was keeping the same on the western ridge of her land. PW 7 has deposed that he had gone in his land in the company of PW 8 and PW 9 with plough. His evidence is further to the effect that there were seeds of date fallen in his land and those seeds were collected from the said land and kept on the ridge. PW 5 has deposed that at the time of the occurrence he was at the well and he had seen PW 8 Shantia Devi collecting the seeds of the date and keeping on the ridge. PW 9, the informant has deposed that he along with PW 7 were ploughing the land in the field near by of the place of occurrence and PW 8 Shantia Devi was also there. The objective finding of the I.O. is that there were seeds of the date fallen in the P.O. field and seeds of date in huge quantity kept at the western ridge of the P.O. field and there were several small and big date trees on the western ridge of the P.O. field and the land of the appellant is adjacent west of the P.O. field. In view of the evidence aforesaid it becomes an established fact that there were seeds of date fallen in the P.O. field of the informant and PW 8, Shantia Devi had collected those seeds and had kept the same on the western ridge of the P.O. field. PW 8 has deposed that appellant Ratni Darwain abused her and asked her as to why she climbs on the said western ridge and appellant Pyare Darbey ordered to bring Hasua and tangi. PW 7 Shanti Kuwar has deposed that appellant Pyare Darbey asked as to why seeds of date have been kept on the ridge which led to an altercation and, thereafter, he ordered to bring lathi and Hasua. PW 5 has deposed that all the three appellants aforesaid started abusing PW 8 Shantia Devi as to why she has kept the seeds of date on the ridge. There is no doubt some discrepancy in the evidence of PW 8 but that discrepancy becomes irrelevant in view of the evidence of PW 5 read with the evidence of PW 8. Therefore, it cannot be said that there is contradictory version of the genesis of the occurrence as per the testimony of PWs 8 and 9 regarding the genesis of the occurrence. The objective finding of the I.O. regarding the seeds of date fallen in the P.O. field and having been kept on the ridge in huge quantity clearly establishes the fact regarding the genesis of the occurrence as alleged by the prosecution and the accumulation of the date seeds on the western ridge of the P.O. land has been objected to by the appellant which had led to an altercation between the parties. Ext. 7 shows the seizure of the date seeds from the place of occurrence in presence of the witnesses. PW 8 has further deposed that in course of altercation appellant Pyare Darbey ordered to bring Hasua and tangi and he also ran to his house and all the appellants besides co-accused Tumo Devi and Rabindra Darbey came there armed with Hasua, tangi and lathi. PW 8 has further deposed that they started assaulting Sukar Kuwar as a result of which he fell down and died. She has deposed that she intervened and attempted to rescue Sukar Kuwar and she was assaulted by Tumo Devi by lathi. PW 8 has further deposed that they started assaulting Sukar Kuwar as a result of which he fell down and died. She has deposed that she intervened and attempted to rescue Sukar Kuwar and she was assaulted by Tumo Devi by lathi. She has also deposed that PWs 8 and 9 also attempted to save Sukar Kuwar and PW 7 was assaulted by the appellants causing injury on his head, hand and leg and informant was also assaulted. PW 9, the informant has deposed that he came to the place of occurrence from the near by field where he was ploughing the land. The I.O. has found the said land partly furrowed which according to the informant was being ploughed by him. PW 9 has deposed that all the appellants along with co-accused Tumo Devi and Rabindra Darbey assaulted the deceased by their respective weapons i.e. Hasua, tangi and lathi. His evidence is further to the effect that appellant Ratni Darwain was armed with Hasua, appellant Doha Darbey was also armed with Hasua and Pyare Darbey was armed with tangi and juvenile co-accused Rabindra Darbey and co- accused Tumo Devi were armed with sabal and lathi respectively. The informant has further deposed that Sukar Kuwar fell down and died as a result of the injuries sustained by him on his person in the occurrence. PW 9 has also deposed that he besides PW 7, Shanti Kuwar and PW 8 Shantia Devi were also assaulted in this occurrence when they attempted to rescue Sukar Kuwar aforesaid. According to PW 9 his brother Shanti Kuwar (PW 7) was assaulted on head, left hand, arm and leg by appellant Doha Darbey and Ratni Darwain and PW 9 was assaulted by Tumo Devi by lathi and also by Rabindra Darbey. He has also deposed that he was also assaulted in the said occurrence. PW 7, Shanti Kuwar has deposed that the appellant Pyare Darbey asked the other accused persons to bring lathi and Hasua from the house and he also went inside his house and came with a tangi and other co-accused persons also came there armed with Hasua, lathi and sabol and they have assaulted Sukar Kuwar which caused his death. PW 7, Shanti Kuwar has deposed that the appellant Pyare Darbey asked the other accused persons to bring lathi and Hasua from the house and he also went inside his house and came with a tangi and other co-accused persons also came there armed with Hasua, lathi and sabol and they have assaulted Sukar Kuwar which caused his death. He has further deposed that the informant was assaulted by lathi when he went to save his father and appellant Ratni Darwain and Pyare Darbey assaulted him causing injury on his leg, arm and head causing six injuries on his person and Shantia Devi was assaulted by Tumo Devi by lathi. PW 3, Janardan Raut has deposed to have come to the place of occurrence on alarms when he was milking his cow in the morning and he saw all the three appellants assaulting Sukar Kuwar by Hasua and tangi. He has further deposed that appellant Ratni Darwain was armed with Hasua, appellant Pyare Darbey was armed with tangi and Doha Darbey was armed with Hasua. His evidence is further to the effect that PWs 9, 7 and 8 have also sustained injuries in the occurrence in question. According to these witnesses PW 8 was assaulted by Ranti Darwain and the informant was assaulted by juvenile accused Rabindra Darbey by sabal and PW 7 Shanti Kuwar was assaulted by all the three appellants. He has also deposed that Sukar Kuwar died at the place of occurrence. He has deposed that PW 5 Bhkti Mal has arrived at the place of occurrence prior to his arrival there. PW 4 and PW 5 in their evidence on oath have also corroborated the assault on the deceased by the appellants by their respective weapons with which they were armed with and assault on the person of PWs 7, 8 and 9 by the appellants as well as by Tumo Devi and juvenile accused Rabindra Darbey. PWs 2, and 6 though heresay witness of the occurrence have seen the injuries on the person of PWs 7, 8 and 9 and the deceased fallen dead at the place of occurrence. The postmortem report per pen of PW 10 and his evidence on the record and also the evidence of PW 11 read with Ext. 4 series materially corroborate the prosecution case regarding the assault on the deceased and on PWs 7, 8 and 9. The postmortem report per pen of PW 10 and his evidence on the record and also the evidence of PW 11 read with Ext. 4 series materially corroborate the prosecution case regarding the assault on the deceased and on PWs 7, 8 and 9. Therefore, the manner of occurrence clearly stands established beyond all reasonable doubts. PWs 9, 8 and 7 are the most competent witness of the occurrence as they have sustained injuries in the said occurrence in which Sukar Kuwar was done to death. PWs 3, 4 and 5 are equally competent, natural and ocular witness of the occurrence as they have come to the place of occurrence in course of the occurrence. Some contradictions and inconsistencies appearing in the testimony of the aforesaid witness are of not such a magnitude to discredit their evidence. Though PWs 7, 9 and 8 are the sons and daughter-in-law of the deceased and as such their evidence cannot be discarded as being partisan in view of the fact that they have sustained injury on their person in the occurrence which has been corroborated by the evidence on the record. There is nothing in the evidence of PWs 3, 4 and 5 to show that they are hostile to the appellants and they have any enmity against them and as such there appears no reason for them to depose falsely. The evidence of the injured witnesses aforesaid cannot be simply discarded on the score that they are closely related with the deceased when they are the most competent and natural witness of the occurrence having occasion to witness the occurrence and in this case they have also sustained injury on their person when they had attempted to rescue the deceased. I, therefore, see ring of truth in their evidence after careful scrutiny. It, therefore, becomes an established fact that the appellants aforesaid have assaulted the deceased causing his death in the occurrence in question and PWs 9, 7 and 8 were also assaulted in the said occurrence. Therefore, the prosecution has succeeded in bringing home the guilt of the appellants beyond all reasonable doubts. PW 9, the informant in para 3 of his evidence has no doubt admitted that fact regarding the existence of the case filed by appellants against him and , others regarding the same occurrence. Therefore, the prosecution has succeeded in bringing home the guilt of the appellants beyond all reasonable doubts. PW 9, the informant in para 3 of his evidence has no doubt admitted that fact regarding the existence of the case filed by appellants against him and , others regarding the same occurrence. However, the FIR of the counter case and the alleged injury reports of the appellant have not been brought on the record by the defence for the reasons best known to it. The I.O. has deposed to have issued requisition for the medical examination of the appellants when they were arrested at the Police Station. In the absence of the injury report brought on the record by the defence it cannot be said that the prosecution has deliberately suppressed the injuries appearing on the person of some of the appellants. Therefore, the contention of the learned counsel for the appellant that the learned Court below did not consider the counter version of the occurrence as alleged by the appellant and had come to a wrong finding of the guilt is untenable in this case. It cannot also be said that the prosecution has deliberately suppressed the existence of the injuries on the person of the appellants. In a murder case the non-explanation of the injuries sustained by the accused at about the time of the occurrence or in the course of altercation is a very important circumstance from which the inference can be drawn that the prosecution has suppressed the genesis and the origin of the occurrence and has not presented the true version and the witnesses who have denied the presence of the injuries on the person of the accused are lying on a most material point and, therefore, their evidence is unreliable and also that in case there is a defence version which explains the injuries on the persons of the appellant it is rendered probable so as throw doubt on the prosecution case. The omission on the part of the prosecution to explain the injuries on the person of the accused assumes much greater importance where the evidence consists of interested or inimical witnesses or where the defence gives a version which competes inprobability with that of the prosecution case. The omission on the part of the prosecution to explain the injuries on the person of the accused assumes much greater importance where the evidence consists of interested or inimical witnesses or where the defence gives a version which competes inprobability with that of the prosecution case. Here in this case there is no defence version in the absence of the FIR as well as the injury reports regarding the existence of the injuries on the person of the appellant to compete inprobability with that of the prosecution case. Therefore, it cannot be said in the facts of this case that the accused has suppressed the true version of the genesis and origin of the occurrence and witnesses are lying on the material points as well as to throw doubt on the prosecution version of the occurrence whereas in this case three injured-witnesses have supported the prosecution case besides that there is the evidence of three other ocular witnesses who are not related with the deceased. The prosecution is not duty bound in the facts of this case to explain the injury alleged to have been sustained by the appellant when there is no evidence at all regarding the existence of any injuries on the person of the appellants. The evidence of the prosecution witness is clear, cogent and creditworthy and there is ring of truth in their evidence. Therefore, the non-explanation of the alleged injury on the appellants does not cast a cloud of suspicion to the very credibility of the wrap and woof of the prosecution case and lastly that there may be cases where the non-explanation of the injuries by the prosecution may not affect the prosecution case where the injuries sustained by the appellants are minor and superficial and the evidence is so clear and cogent, probable and consistent that it far outweighs the effect of the omission on the part of the prosecution to explain the injuries. Therefore, in the facts and circumstances of this case 1 see no infirmity at all in the prosecution case regarding the non-explanation of any alleged injuries alleged to have been sustained by the appellants in the absence of any injury report or competing counter version of the defence of the occurrence. Therefore, in the facts and circumstances of this case see no substance in the contention of the learned counsel for the defence. Therefore, in the facts and circumstances of this case see no substance in the contention of the learned counsel for the defence. The learned Court below has meticulously considered the evidence on the record in proper perspective and has rightly come to the finding of the guilt of the appellants and I see no illegality in the impugned judgment requiring an interference therein. 11. There is no merit in this appeal and it fails. The appeal is hereby dismissed. The impugned judgment of the learned Court below is hereby affirmed. Lakshman Uraon, J. 12. I agree.