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Jharkhand High Court · body

2009 DIGILAW 824 (JHR)

Samuel Munda v. State of Bihar

2009-05-22

N.N.TIWARI, PRASHANT KUMAR

body2009
JUDGMENT By Court.-This criminal appeal has been preferred by the appellant against the judgment of conviction and order of sentence dated 10th March, 1999 passed by learned 1st Additional Judicial Commissioner, Khunti in S.T. No. 346 of 1997, whereby and where under the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. 2. The prosecution was launched on the basis of tile fardbeyan of the informant-Shankri Topno (P.W. 1) dated 20th September, 1996. 3. Briefly stated, prosecution case, in short, is that on 20th September, 1996, in the evening at. about 6.00 p.m., the informant's mother had gone to her uncle's house. She returned from the uncle's house at about 6.30 p.m. The informant's mother went out for urination. There was moonlight and a light was also burning. The informant and her sister-Faguni Topno were standing at the door and her mother sat for urination nearby. In the meanwhile, Samuel Munda, the appellant, came rushing and gave repeated axe blows on her mother. The informant's mother fell down and succumbed to injuries. When the in-formant raised alarm, the appellant fled away with axe. On alarm, Mangal Topno (P.W. 5) and Eman Mahto (P.W. 3) had also assembled. There were grievous injuries on the right eye and jaw of the deceased. She was, thereafter, brought inside the house where she died. The motive of the occurrence as alleged is that a month ago Bimal Munda, son of Samuel Munda (appellant) had died due to illness, but he had suspicion that the informant's mother practiced witchcraft and due to which his son died. 4. On the basis of fardbeyan of the informant, police registered a case and on conclusion of investigation submitted charge-sheet under Section 302 of the in dian Penal Code. 5. The charge under Section 302 of the Indian Penal Code was framed against the appellant. The appellant denied the charge and claimed to be tried. He was put on trial. In his examination under Section 313 Cr.P.C., he denied to have committed any offence. According to the appellant, he has been falsely implicated in the case. 6. The prosecution in order to establish the charge against the appellant altogether examined nine witnesses. P.W.1 Shankari Topno is the informant and the daughter of the deceased. She is an eyewitness. P.W. 2-Faguni is sister of the informant. According to the appellant, he has been falsely implicated in the case. 6. The prosecution in order to establish the charge against the appellant altogether examined nine witnesses. P.W.1 Shankari Topno is the informant and the daughter of the deceased. She is an eyewitness. P.W. 2-Faguni is sister of the informant. She is also an eye-witness. P.W. 3-Eman Mahto is a co-villager. P.W. 4-Dr. Vijay Kumar Prasad is the doctor, who conducted autopsy on the dead body of the deceased Deoki Topno. P.W. 5Mangal Topno is the father-in-law of the deceased. He is a witness to the inquest report. He has proved his signature (Exts.2/1 and 2/2 respectively) on the seizure lists, which were prepared after the seizure of bloodstain earth and bloodstain axe. P.W. 6-Jakariyas Topno is the younger brother-in-law of" the deceased. He had come after hearing alarm. P.W. 7 Harkhu Lohar and P.W. 8-Sawna Kandulna are co-villagers. However, they were tendered by the prosecution. P.W. 9-Dhana Soren is the Investigating Officer. The Investigating Officer has also proved the fardbeyan-Ext.-3, formal first information report-Ext.-4, inquest report-Ext.-5 and seizure lists (Exts.-6 and 6/1). . 7. Learned Trial Court, on conclusion of the trial, held the appellant guilty of committing murder of deceased Deoki Topno. Trial Court has mainly relied on the testimonies of P.Ws. 1 and 2, who are eye witnesses, and the medical evidence of the doctor-P.W. 4 as also the post mortem report-Ext.-1, inquest report Ext.-5 and other documents. He has also found the evidences of P.W. 5-Mangal Topno, P.W. 6-Jakariyas Topno and P.W. 9-Dhana Soren supporting and corroborating the evidences of eye witnesses and the case of the prosecution. Learned court below, thus, convicted the appellant under Section 302 of the Indian Penal Code and sentenced, as aforesaid. 8. Learned counsel for the appellant has assailed the said judgment of the court below and submitted that there are contradictions in the evidences of the prosecution witnesses. That apart, P.Ws.1 and 2 are own sisters and daughters of the deceased. There is no independent witness. The co-villagers Harkhu Lohar (P.W. 7) and Sawna. Kandulna (P.W. 8), who had arrived after raising alarm by the informant just after the occurrence were tendered by the prosecution. They have not supported and corroborated the prosecution case. The prosecution has also failed to prove the motive, alleged in the first information report. There is no independent witness. The co-villagers Harkhu Lohar (P.W. 7) and Sawna. Kandulna (P.W. 8), who had arrived after raising alarm by the informant just after the occurrence were tendered by the prosecution. They have not supported and corroborated the prosecution case. The prosecution has also failed to prove the motive, alleged in the first information report. The prosecution has also not chemically proved the bloodstained axe and bloodstained earth. Learned counsel further submitted that in absence of any independent witness and chemical report of the axe and earth, the prosecution has failed to establish the charge against- the appellant under Section 302 of the Indian Penal Code beyond the shadow of all reasonable doubts. The bloodstained axe and the earth were the vital material evidences and failure of 'prosecution to bring on record the chemical examination report thereof creates serious doubts of complicity of the accused-appellant. The appellant in that view is entitled to benefit of doubts and He deserves to be acquitted. Learned counsel submitted that learned Trial Court has committed serious error of law as well as of fact holding the appellant guilty of the said charges and convicting and sentencing him under Section 302 I.P.C. 9. Learned A.P.P., on the other hand, submitted that the prosecution has brought on record the best evidences, which are direct and positive and sufficient to establish the charge of committing murder of the deceased Deoki Topno against the appellant. P.Ws. 1 and 2, who are eyewitnesses, have given unblemished and clear account of giving repeated axe blows on the deceased, causing her death. The prosecution has also proved the inquest report-Ext.-2, post mortem report-Ext.-1, seizure lists of bloodstained earth-Ext.-6 and bloodstained axe-Ext. -6/1 and has also examined the doctor, who has proved the grievous injuries caused by inflicting axe blow on her by the appellant. Besides that, P.Ws. 3, 5 and 9 have also corroborated and supported the prosecution case. There is no material contradiction in the ocular evidence. Both the eye-witnesses (P.Ws.1 and 2) are clear and consistent in giving the true account of the incident. There is no ambiguity and vagueness or any contradiction to that part of their statements. P.Ws. 1 and 2, in whose presence the incident took place, have fully proved the prosecution case. There is no material contradiction in the ocular evidence. Both the eye-witnesses (P.Ws.1 and 2) are clear and consistent in giving the true account of the incident. There is no ambiguity and vagueness or any contradiction to that part of their statements. P.Ws. 1 and 2, in whose presence the incident took place, have fully proved the prosecution case. Learned Trial Court has considered every aspect thoroughly and appraised and discussed the evidences on record properly and has rightly held the appellant guilty of the charge of committing murder of Deoki Topno. There is no illegality or infirmity in the impugned judgment and the same does not warrant any interference by this Court. 10. Having heard learned counsel for the appellant and learned A.P.P., we have scrutinized the materials and evidences on record. We find that P.W. 1 in her deposition in Paras-1 and 2 has given clear account of the incident, which had taken place before her eyes. Nothing could be elicited in the cross-examination to discredit her testimony. P.W. 2 though is of tender age, the Court has tested her understanding and found her evidence reliable. P.W. 2 was also present at the time of occurrence. She has also given threadbare account of what she had witnessed. We find nothing in the cross-examination to disbelieve her testimony. P.W. 3 had come later on and he had also seen the injuries on the person of the deceased. P.W. 5-Mangal Topno, father-in-law of the deceased, has proved his signature on the inquest report (Ext.-2). He has also proved his signatures on the seizure list of bloodstained axe (Ext.-2/1) and earth (Ext.-2/2). He has also seen the injuries on the person of the deceased just after the incident. The police, on the confession of the appellant, had seized bloodstained axe and earth in presence of this witness. The seizure lists have been proved as Exts.-6 and 6/1. This witness has also proved his signature thereon (Ext.2/2). P.W. 6, who is younger brother-in law of the deceased, had also arrived later on and had seen severe injuries on the dead body of the deceased. 11. The said injuries were corroborated by the doctor-P.W. 4, who had conducted post mortem. He had found the following injuries on the person of the deceased:- (i) Sharp cut injury 3" x 1 "x 1" horizontal on forehead cutting the soft tissue, muscle, veins and frontal bones. 11. The said injuries were corroborated by the doctor-P.W. 4, who had conducted post mortem. He had found the following injuries on the person of the deceased:- (i) Sharp cut injury 3" x 1 "x 1" horizontal on forehead cutting the soft tissue, muscle, veins and frontal bones. (ii) 4" x 1/2" depression at right side of forehead having fracture of frontal bone and internal part of right parietals bone. (iii) Sharp cut injury 2" x 1/2" x 1/ 2" at middle of nose cutting the soft tissues and muscle bone. (iv) Sharp cut injuries 3" x 3/4" x 1/2" on the right side of face vertical cutting the soft tissues and ramis of mandible. 12. The ocular account of the prosecution witnesses has been, thus, fully supported by the medical evidence of P.W.4. 13. Learned Trial Court has thoroughly appraised and discussed the evidences and has come to the conclusion that the deceased died due to fatal axe blows inflicted by the appellant. His conclusion is based on meticulous scrutiny and appraisal of evidence on record. We find no infirmity or illegality in the impugned judgment of the learned trial court. There is no ground to interfere with the impugned judgment. We, accordingly, uphold the judgment of the Trial Court. 14. We find no merit in this appeal and the same is, accordingly, dismissed.