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2010 DIGILAW 1060 (JHR)

Sao Gagrai @ Sahu Gagrai v. State of Jharkhand

2010-12-06

D.N.PATEL, SUSHIL HARKAULI

body2010
Order Per D.N. Patel, J.- The present appeal has been preferred against the judgment of conviction and order of sentence passed by learned 3rd Additional Sessions Judge, Chaibasa dated 8.5.2003 in Sessions Trial No. 236 of 2001, whereby the present appellant is punished for the offences punishable under Section 302 to be read with Section 34 of the Indian Penal Code for life imprisonment and also he is punished' under Section 201 of the Indian Penal Code to undergo rigorous imprisonment for five years. Both the sentences have been directed to run concurrently. 2. If the case of the prosecution is unfolded the same is as under:- It is the case of the prosecution that on 18th December, 2000 at 10:30 A.M. one Sri Chaitu Samad (P.W.4) informed the police of Goilkera, District-Chaibasa that he is the son-in-law of deceased Sangi Gagrai and h: saw that the house of deceased Sangi Gagrai was locked and the ox was tied outside the house. The cock and hen are inside the house. This fact was spread over in the village and the villagers began to search father-in-law" mother-in-law and brother-in-law of the informant. The matter was also reported to Village Munda (head of the village) namely, Saroj Kumar Nayak (P.W. 1), who held a sitting in the village and the villagers started searching out them. The villagers raised suspicion on Sao Gagrai @ Sahu Gagrai (original accused no. 1 and appellant in this criminal appeal) and on interrogation by Village Munda, local chowkidar and the villagers present there, the present appellant has stated that he has committed murder of all the three persons namely, Sangi Gagrai, Balma Kui and Shib Gagrai. This murder was committed with the help of one Bijay Bandia, who is the appellant in Criminal Appeal (DB) No. 893 of 2003. This murder was committed with the help of one Bijay Bandia, who is the appellant in Criminal Appeal (DB) No. 893 of 2003. It is also stated by the informant (P.W. 4) that the present appellant has stated before the villagers that at night hours of Friday at 10:00-11 :00 when Sangi Gagrai was taking Haria (a type of alcohol), the present appellant alongwith his brother-in-law, namely Sijay Sandia [original accused no.2-appellant in Criminal Appeal (DB) No. 893 of 2003] came there with a weapon (Chhura) and killed all the three persons and after committing murder, both of them took the dead bodies of all the three deceased at a distance of 500 yards in west direction from the house and in the paddy field, they buried the dead bodies. This has been done with a view to get landed property from the deceased. Upon the registration of the F.I.R., investigation was carried out, dead bodies of all the three deceased were recovered, statements of several witnesses were recorded and the charge-sheet has been filed against both the accused and upon evidence of the witnesses and other documentary evidences, both the accused were punished for the offences punishable under Section 302 to be read with Section 34 of the Indian Penal Code as well as for 'the offences under Section 201 of the Indian Penal Code and against this judgment of conviction and order of sentence, original accused no.1-present appellant has preferred the present appeal. 3. We have heard learned counsel for both the sides, at length and perused the records and proceedings of the trial court. 4. Looking to the deposition of PW. 1, who is Saroj Kumar Nayak and Munda of Village. Ghoraduba Tola Dosra Sai, it appears that he has stated in his deposition that the incident has taken place on 16th December, 2000 and three persons were murdered. He was informed by Kunwar Gagrai and by other villagers about the incident and upon receipt of this information, in a capacity of Munda, he held a Panchayati wherein accused Sao Gagrai @ Sahu Gagrai (original accused no. He was informed by Kunwar Gagrai and by other villagers about the incident and upon receipt of this information, in a capacity of Munda, he held a Panchayati wherein accused Sao Gagrai @ Sahu Gagrai (original accused no. 1) was also present in Panchayati and upon interrogation, he stated before Panchayat that he alongwith Bijay Bandia killed Sangi Gagrai, Shib Gagrai and Balma Kui by Chhura and thereafter, all the three dead bodies were buried at a distance of 500 yards in west direction in the paddy field and Chhura is also concealed nearby. On this information, the present appellant was taken to the police station alongwith other villagers. The present appellant is nephew of deceased Sangi Gagrai and Bijay Bandia is son-in-law of Sangi Gagrai, Balma Kui is wife of Sangi Gagrai and Shib Gagrai is son of Sangi Gagrai. There was also confession by the present appellant-accused before Panchayati people. The dead bodies were recovered at the behest of the present appellant-accused, weapon was also recovered and inquest Panchnama was prepared and have been marked as Ext.-1, 1/1, 2, 2/1, 3 and 3/1 respectively. Nothing is coming out in the cross-examination in favour of the present appellant-accused. Looking to the overall depositions of this witness, it appears that he is an independent witness. He was Munda (Pradhan) of the village concerned, who held Panchayati and took the present appellant, in presence of other villagers, at the police station, where the present appellant has confessed his offence and the dead bodies were recovered. There was no reason for this independent witness to falsely implicate the present appellant-accused. He has narrated the whole incident in detail without any exaggeration and without any omission or contradiction. This witness i.e. P.W.1 namely Saroj Kumar Nayak is a reliable and trustworthy witness. 5. Looking to the deposition of P.W.4 namely, Chaitu Samad, it appears that he has also narrated the aforesaid incident in detail and he has also stated that he is son-in-law of deceased Sangi Gagrai and when he came to know that the house of Sangi Gagrai is locked and ox was tied outside the house and cock and hen are inside the house, he immediately went at the house of his father-in-law and, thereafter, this talk was spread over in the village. The villagers started to search out father-in-law, mother-in-law and brother-in-law of the informant and the matter was reported to Saroj Kumar Nayak (P.W. 1), who is Munda of village. Panchayati was called in the village, present appellant accused was also present there and the appellant-accused confessed his offence before Panchayati and ultimately the appellant-accused was taken to the police station and the F.I.R. was lodged by the informant. Looking to the cross-examination, it appears that nothing is coming out in favour of the present appellant-accused. Looking to the deposition of this witness, it appears that• there is enough detail of the whole incident and it has been given without any exaggeration, omission, contradiction or improvement. The dead bodies were recovered at the behest of the present appellant-accused. There is also extra judicial confession by the present appellant-accused before this witness. Thus, P.W.4 is corroborating the deposition of P.W. 1. 6. Looking to the deposition of P.W. 3, who is a Panch witness of inquest panchnama, it appears that he has stated that the present appellant-accused has confessed his offence before the villagers and at his behest the dead bodies of all the three deceased were discovered from a distance of approximately 500 yards from the house of deceased Sangi Gagrai. It has been stated by this witness that on 18th December, 2000 with a police the present appellant-accused was present there and as per the information given by the appellant-accused, dead bodies of all the three deceased were found out from the field. Inquest panchnama was signed by this witness i.e. Subodh Kumar Bodra, (P.W. 3). Thus, inquest panchnama has been proved by this witness. 7. Looking to the deposition .of Ram Sahay Tigga (P.W.5), who is the Police Sub-Inspector, it appears that he has stated in his deposition that the Munda of Village-Ghoradubha alongwith other villagers and also with accused Sao Gagrai @ Sahu Gagrai came to the police station on 18th December, 2000 at 8:30 A.M. The Munda of the village (P.W. 1) has narrated the whole incident and Chaitu Samad (P.W.4) has given his statement, which was recorded as fardbeyan and which was signed by P.W. 4, which has been marked as Ext.-4/2. Upon the information given by the appellant-accused, dead bodies were recovered. Upon the information given by the appellant-accused, dead bodies were recovered. Inquest panchnama was reduced in writing in presence of witness, who is P.W. 3 and the weapon Chhura was also recovered, which has been marked as Ext.-6/2. The dead bodies were sent for post mortem at Sadar Hospital, Chaibasa, The present appellant-accused told that murder had taken place at the house and this police officer has found blood stains at that place, which was erased with the help of ash. He also found blood in the Angan. The field, where dead bodies were recovered is the field of one Sri Bacha Nidhi Nayak. Likewise Chhura was also discovered from the very same field. It is also stated, by this witness that the present appellant-accused has confessed his guilt before him before arrest and on his confessional statement, he was arrested and, thereafter, accused Bijay Bandia [original accused no. 2 and the appellant in Criminal Appeal (DB) No. 893 of 2003] was also arrested. Looking to the cross-examination of this witness, nothing is coming out in favour of the present appellant-accused. 8. Looking to the deposition of P.W. 2, Dr. Sheo Kumar Prasad, it appears that he has carried out the post mortem of all the three dead bodies on 19th December, 2000 at 2:40 P.M. He was posted as Civil Assistant Surgeon at Chaibasa Sadar Hospital and he has found the following ante mortem injuries:" On the dead body of Balma Kui, wife of Sangi Gagrai: 1. On the left side of chest an injury of size 7" x 1½” x ½. 2. Mandible broken. 3. Abdomen front and injury measuring 1" x ½ deep viscerex. Neck:-Cut in front including skin, muscles, trachea, oesophagus, vein and aorta. On dissection:--Right lung and left lung empty. Stomach:-Full of food material. Time since death:--within 3 to 4 . days. Cause of death:-Due to haemorrhage and shock due to above injuries. Weapon used:-Sharp instrument The above injuries were sufficient to cause death in ordinary course of nature. On the dead body of Sangi Gagrai: 1. Injury on the neck of the size 1" x 1½" x 1½". 2. Injury on the neck of the size 1" x 1" x ½ ". 3. Injury on the neck of the size 1" x 1" x ½. 4. Injury on the neck of the size 1" x 1" x ½. On dissection:-Skull:-Intact Right Lung:-Empty. Left Lung:-Empty. Injury on the neck of the size 1" x 1½" x 1½". 2. Injury on the neck of the size 1" x 1" x ½ ". 3. Injury on the neck of the size 1" x 1" x ½. 4. Injury on the neck of the size 1" x 1" x ½. On dissection:-Skull:-Intact Right Lung:-Empty. Left Lung:-Empty. Heart:-Empty. Stomach:-Full of food materials. Bladder:-Full. Time since death.•--within 3 to 5 days. Cause of death:-Due to haemorrr'1age and shock due to above injuries. Weapon used:--sharp cutting instrument. The injuries were sufficient to cause death in ordinary course of nature. Dead body was brought and identified by Havildar Ram Ekbal Singh. On the dead body of Shib Gagrai:- 1. Injury on the neck of the size ½" x ½" x ½". 2. Injury on the neck of the size ½" x ½" x ½". 3. Injury on the neck of the size ½" x ½" x ½". 4. Injury on the neck of the size ½" x ½" x ½". 5. Injury on the neck of the size ½" x ½" x ½". 6. Right ear cut size ½ x skin deep. On dissection.•--skull was intact both lungs were congested. Heart:- Empty. Bladder:-Full. Other viscera:-Intact. Time since death:-within 74 hours to 120 hours. Cause of death.•-Due to haemorrhage and shock due to above injuries. Weapons used:--sharp cutting instruments. All the injuries were sufficient to cause death in the ordinary course of nature." Thus, the deposition of this witness is corroborating to the deposition, of P.W. 1, P.W. 3, P.W. 4 and P.W. 5. 9. It is vehemently contended by learned counsel for the appellant that the appellant cannot be convicted Oil the basis of extra judicial confession and that too before police. This contention is not accepted by this Court mainly for the reason that there are several villagers before whom the appellant-accused has confessed his offence namely P.W. 1, P.W. 4 and other villagers. Moreover, over and above this extra judicial confession there is also corroborating evidences of recovery of dead bodies at the behest of the present appellant accused. This has been proved with the help of depositions of P.W. 3 and P.W. 5 to be read with Exts. 1/1, 2/2 and 3/3 and moreover, a weapon (Chhura) has also been recovered at the behest of the present appellant-accused. This has been proved with the help of depositions of P.W. 3 and P.W. 5 to be read with Exts. 1/1, 2/2 and 3/3 and moreover, a weapon (Chhura) has also been recovered at the behest of the present appellant-accused. Thus, there are enough evidences against the appellant accused and there is no reason for the independent witnesses, who are the villagers, to falsely implicate the present appellant-accused. These witnesses i.e. P.W. 1, P.W.3 and P.W.4 are trustworthy and reliable witnesses. Similarly P.W.6, namely, Rai Singh Gagrai who is also a villager, has also stated that the present appellant-accused has stated before the villagers that he has committed murder of the deceased and further details will be conveyed at the police station. He has also identified the present appellant-accused. Thus, over and above extra judicial confession, there are other incriminating circumstances against the present appellant-accused, proved by the prosecution. Thus, the prosecution has proved beyond reasonable doubt that the appellant-accused has committed murder of the deceased. No error has been committed by the trial court in appreciating the evidences on record. Thus, it cannot be said that the judgment of conviction and imposition of sentence is based upon no evidence. On the contrary, there are enough evidences as stated hereinabove, which lead to only one conclusion that the appellant-accused has committed murder of the deceased. Therefore, there is no substance in this criminal appeal and, hence, the same is, hereby, dismissed.