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2015 DIGILAW 222 (JHR)

Suva Mahto @ Subba Yadav v. State of Jharkhand

2015-02-10

R.N.VERMA, R.R.PRASAD

body2015
JUDGMENT :- This appeal is directed against the judgment of conviction and order of sentence dated 29.05.2004/31.05.2004 passed by learned 6th Addl. Sessions Judge [FTC], Palamau at Daltonganj in Sessions Trial No.304 of 1995 whereby and whereunder the appellants having been found guilty for committing murder of the deceased, Gokul Mahto were convicted for the offence punishable under Sections 302 /34 of the Indian Penal Code and were sentenced to undergo imprisonment for life. 2. The case of the prosecution is that on 06.09.1993, the deceased-Gokul Mahto, husband of the informant-Banho Devi left home for coming to field for ploughing it. At 2' O clock when the informant Banho Devi [P.W.1] by taking meal for her husband reached near the place of occurrence, she heard her husband crying for help. She saw that these three appellants as well as one Modi Mahto were assaulting him with tangi and garasa. Her husband fell on the ground and thereupon the accused persons cut the neck. After seeing all this, she by raising alarm rushed back to village. In the way, she came across with Jodhi Mahto, elder-brother of her husband to whom she told about the occurrence. Thereafter she came to village where she told the same to other persons. After some time, she along with others came to the place of occurrence and found her husband dead. 3. At about 10.30 p.m., on 06.09.1993 when the Police came to village, she gave her fardbeyan [Exhibit -4] to the effect as stated above and also stated about the motive that since the father of the appellant, Manohar Yadav, had died the accused persons-appellants were suspecting that due to witchcraft played by the deceased, his father died and for that they had also earlier assaulted the deceased. 4. The Police on the said allegation lodged the First Information Report being Lesliganj P.S. Case No.82 of 1993 [G.R. No.1258 of 1993]. 5. During investigation, the Police held inquest on the deadbody of the deceased to which P.W.6 is the witness to the inquest. The deadbody was sent for autopsy which was done by Dr. Arun Shukla [P.W.7], he found the following injuries : a. Division of neck at thyroid cartilage level with complete division of larynx, vertebrae and all great vessels so much so that head is attached to body by means of skin only posteriously. The deadbody was sent for autopsy which was done by Dr. Arun Shukla [P.W.7], he found the following injuries : a. Division of neck at thyroid cartilage level with complete division of larynx, vertebrae and all great vessels so much so that head is attached to body by means of skin only posteriously. b. Laceration just above left heel 4” X 3” dividing the tandon. 6. The doctor [P.W.7] issued post-mortem report [Exhibit-2] with an opinion that death was caused due to shock and hemorrhage on account of injury No.1. 7. On completion of the investigation, the Police submitted charge-sheet against all the accused persons, upon which cognizance of the offence was taken against these appellants as well as one Modi Mahto. The accused, Modi Mahto when was found juvenile, his case was separated and the case of these appellants when was committed to the Court of Sessions, charge was framed to which they pleaded not guilty. 8. The prosecution, in order to prove his case, examined 8 witnesses. Of them P.W. 2 and P.W. 5 have been tendered whereas P.W. 3 and P.W. 4 are the hearsay witnesses. P.W.8 is a formal witness. The I.O. has not been examined in this case. P.W.1, the widow of the deceased is the eye-witness. According to her, when she was taking meal for her husband and reached near the place of occurrence, she heard the voice of her husband crying for help. She saw that the appellants were assaulting him with tangi and garasa. When her husband fell on the ground, they cut the neck. After seeing all these things, she rushed to the village. In the way, she came across with P.W.3 to whom she told about the occurrence and then came to village. After some while, when she along with others came to the place of occurrence, she found the husband dead. 8. The trial court having believed the testimony of P.W.1 finding corroboration from P.W.3 and also by the medical evidence did record the order of conviction and sentence which is under-challenge in this Appeal. 9. Learned counsel appearing for the appellants submits that though the trial court has found the testimony of P.W.1 trustworthy and based his finding on the testimony of sole eye-witness, P.W.1, but her evidence on the point of assault never finds corroboration from the medical evidence. 9. Learned counsel appearing for the appellants submits that though the trial court has found the testimony of P.W.1 trustworthy and based his finding on the testimony of sole eye-witness, P.W.1, but her evidence on the point of assault never finds corroboration from the medical evidence. In this regard, it was submitted that as per evidence of P.W.1, the accused persons gave four blows over the neck by tangi and also four blows by garasa, whereof, number of injuries should have been there on the person of the deceased, but the Doctor [P.W.7] did find only two injuries, one over the neck and other over the leg and thereby, she can never be an eye-witness and hence, the court below should have rejected the testimony of P.W.1. 10. As against this, learned counsel appearing for the State submits that there does not appear to be any reason to discard the testimony of the P.W.1 as she appears to be a natural witness as when she was coming to field taking meal for her husband, she saw the accused persons killing her husband with whom the accused persons was having some kind of animosity as the accused persons were carrying impression that it was the deceased who caused the death of the father of the appellants by playing witchcraft and in this situation, the trial court has rightly found the evidence of P.W.1 trustworthy. 11. We are in agreement with the submission advanced on behalf of the State. As per P.W.1 when she was coming to the field taking meal for her husband, she from a distance heard her husband crying for help as the deceased was being assaulted by the accused persons-appellants. When her husband fell on the ground, the accused persons cut the neck. 12. This witness-P.W.1, in her cross-examination has said that the accused persons-appellants had given four blows by tangi and four blows by garasa over the neck which according to the learned counsel appearing for the appellants never finds corroboration from the medical evidence as the Doctor has found only one injury over the neck. It is true that the P.W.1 has stated like that but keeping in view the nature of injury which was inflicted upon the deceased whereby the neck was almost severed off with the body. It is true that the P.W.1 has stated like that but keeping in view the nature of injury which was inflicted upon the deceased whereby the neck was almost severed off with the body. It is quite possible that the accused persons may have inflicted several blows and thereby, it cannot be said that the evidence of P.W.1 never finds corroboration from the medical evidence. 13. Moreover, the motive of the occurrence has also been established by the prosecution whereby the prosecution has come forward with a case that the accused persons had developed animosity with the appellants-accused persons as they were suspecting that the appellants were responsible for causing death of his father by practicing witchcraft. For that reason, the accused persons had assaulted the deceased earlier who do find P.W.1 fully trustworthy whose testimony also finds corroboration from the medical evidence. 14. Under these situations, we do not find any illegality with the judgment of conviction and order of sentence and hence, it needs no interference by this Court. Accordingly, it is affirmed. Thus, this appeal being devoid of any merit is hereby, dismissed.