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2015 DIGILAW 231 (PAT)

Sudia Pahariya v. State of Bihar

2015-02-03

DHARNIDHAR JHA, GOPAL PRASAD

body2015
JUDGMENT : DHARNIDHAR JHA, J. The solitary appellant Sudia Pahariya has preferred the present appeal to challenge the correctness of the findings of his guilt and appropriateness of the sentence passed upon him by the learned Presiding Officer, Fast Track Court-III, Bhagalpur, in Sessions Case No. 157 of 2001/Trial No. 9 of 2004 by the judgment dated 30th day of December, 2005 and order dated 31st day of December, 2005. 2. The prosecution case is that the informant Md. Washim and the deceased Abdul Majid were carrying out the trade of making hand fans out of palm leaves. It was stated by P.W.1, the informant, that the two had come to Village Ramjanipur, Pahariya Tola, for purchasing palm-leaves for preparing hand fans. The deceased was carrying Rs. 500/- and he handed over Rs. 100/- to P.W. 10 Rama Pahariya at his house and after having taken water both of them started for Village Kurba Pahariya Tola. When the informant and the deceased had reached about 250 yards south-west of the hillocks in the Village Ramjanipur Pahariya Tola inside the jungle, this appellant Sudia Pahariya appeared from nowhere and caught hold of the deceased Abdul Majid and attempted to snatched Rs. 400/- which was left with him. The informant attempted to save the deceased, but the present appellant succeeded in bringing out the sickle from the jhola of the deceased and started giving blows to him. The informant seeing the occurrence started running away raising an alarm which attracted persons and the herds-boys also raised alarm. In the meantime, the appellant had succeeded in killing the deceased and snatching his jhola and started dragging the dead body towards the deeper part of jungle. However, the villagers who had been attracted on the alarm raised by the informant and the heads- boys succeeded in chasing and capturing the appellant. 3. It was stated that the appellant during the chase and in the attempt of capturing the appellant, had received some injuries also. The informant further stated that the blows which were wielded by the present appellant on the deceased had caused some injuries on ether sides of his neck as also on the web of his right palm and the deceased had succumbed to his injures. The informant further stated that the blows which were wielded by the present appellant on the deceased had caused some injuries on ether sides of his neck as also on the web of his right palm and the deceased had succumbed to his injures. The appellant was known to the informant because he used very often to visit the village Ramjanipur, Pahariya Tola in connection with his business of making hand fans. 4. As may appear from the evidence of P.W. 6 S.I. Gyaneshwar Prasad Singh, he came to the village of occurrence after getting an information about the incident. He left the Police Station with a Chaukidar and few constables of Homeguard and after reaching Ramjanipur Pahariya Tola, he met the informant and recorded his fardbeyan (Ext.1). He took up the investigation of the case and during that course held inquest on the dead body in presence of the witnesses and prepared inquest report (Ext.2). He inspected the place of occurrence after recording further statements of the informant. 5. The place of occurrence were the fields of one Gulabi Yadav and Jhallu Yadav of village Ramjanipur, Pahariya Tola, P.S. Kahalgaon which were ploughed in part and were fallow in part also. The location was a lonely. It was at a distance of about 250-300 yards towards south of the village. Blood was found in the fields indicating that the deceased had been killed there. There were other fields in the vicinity of the place of occurrence. The fields were located at a distance of about 1 ½ K.Ms. from village Ramjanipur, Pahariya Tola. The Investigating Officer found dragging marks in the fields and trails of blood were also found indicating that the dead body had been dragged after the deceased had been killed. The Investigating Officer recorded the statements of other witnesses and while holding inquest, he found cut marks on either sides of the neck of the deceased as also cut injury on the web of the right palm. Besides, there was a cut mark on the right axilla and many injures on account of dragging were found on thigh, legs and ankles. The Investigating Officer stated that seven persons were rewarded for capturing the appellant on chase. 6. Twelve witnesses were examined in support of the charges. The defence did not examine any witness. 7. Md. Besides, there was a cut mark on the right axilla and many injures on account of dragging were found on thigh, legs and ankles. The Investigating Officer stated that seven persons were rewarded for capturing the appellant on chase. 6. Twelve witnesses were examined in support of the charges. The defence did not examine any witness. 7. Md. Washim, (P.W.1), the informant of the case, was the solitary eye witness of the occurrence. He described the occurrence by stating that he and the deceased had come to Village Ramjanipur, Pahariya Tola for purchasing palm leaves for creating hand fans and in that connection he had paid Rs. 100/- to P.W. 10 Rama Pahariya. P.W. 10 Rama Paharya has also stated the fact that the informant and the deceased used to come to the village regularly for purchasing palm leaves for creating hand fans and for that he had been paid Rs. 100/- for paying it to the labourers for cutting the palm leaves. He further stated that after paying the money P.W. 1 and the deceased had left his house which story has been narrated also by P.W. 1 in his evidence that after paying Rs. 100/- to Rama Pahariya (P.W. 10) he along with the deceased had left his house to go to another village. P.W. 1 stated that as soon as they had entered inside the jungle, this appellant appeared from somewhere and attempted to snatched the jhola containing Rs. 400/- from the possession of the deceased, which was resisted and ultimately the appellant succeeded in bringing out the sickle from the jhola of the deceased and dealt multiple blows with it and when he was dead the appellant snatched the jhola and attempted to run away. However, the villagers who had been attracted on the alarm of the informant and other persons chased the appellant, captured him and brought him to the village. 8. Witnesses, like, P.W.2 Suresh Tantik Pahariya, P.W. 3 Ruban Pahariya, P.W.4 Suraj Pahariya, P.W. 5 Munna Pahariya, P.W. 7 Md. Babul as also P.W.10 Rama Pahariya have consistently supported the above facts that they were attracted on the alarm raised by the informant and others and had chased the appellant to capture him and further that they had found the deceased Abdul Majit lying dead there. Babul as also P.W.10 Rama Pahariya have consistently supported the above facts that they were attracted on the alarm raised by the informant and others and had chased the appellant to capture him and further that they had found the deceased Abdul Majit lying dead there. P.W.1 further stated that after the deceased had been killed, the appellant had attempted to drag the dead body of Abdull Majid for causing its disappearance. The story of the dead body being dragged by the appellant appears found by the Investigating Officer P.W. 6 S.I. Gyaneshwar Prasad Singh when he was inspecting the place of occurrence. He had found, as we have already noted, trails of blood in the track of dragging and finally had found the dead body to hold inquest upon it. The appellant was captured on chase and the villagers have been consistent that the appellant was captured and was brought to the village and finally he was handed over to the police. 9. On consideration of evidence of the witnesses, we find that it was this appellant who had committed the murder of deceased Abdul Majid in an attempt to rob him of whatever money he had in his possession. 10. The commission of murder, besides being proved by the oral evidence of the witnesses, also gets corroboration from the evidence of P.W. 12 Dr. Sohan Prasad Choudhary who had found the following ante mortem injuries on the dead body:- (i) Incised wound 4”X 1”X muscle deep on left side of neck at its middle. (ii) Incised wound 3”X ½” vertebra deep on the right side of neck obliquely placed in the middle. (iii) Incised wound 3” X ¾” X bone deep on right hand. (iv) Incised would 3” X1” X muscle deep on axilla .i.e. anterior part of chest. P.W. 12 had found multiple post-mortem abrasions on right thigh, right foot and back of the dead body suggestive of the fact that those injuries were caused by dragging of the dead body. On dissection, the vessels of the neck and trachea as also oesophagus were found cut partially which had resulted into the death of the deceased. In the opinion of P.W.12 the incised injuries were caused by sharp cutting weapon. 11. On dissection, the vessels of the neck and trachea as also oesophagus were found cut partially which had resulted into the death of the deceased. In the opinion of P.W.12 the incised injuries were caused by sharp cutting weapon. 11. Thus, we are satisfied that the conviction of the appellant was based on substantially meritorious evidence both direct as also circumstantial, as we have discussed after considering the evidence of the witnesses including the Investigating Officer. The prosecution, as such, appears having succeeded in bringing the charge home as regards the appellant. 12. The appeal appears of no merit and the same is dismissed. 13. Shri Arun Kumar Tripathi has assisted us as Amicus Curiae and we direct that he be paid a fee of hearing by the Patna High Court Legal Services Committee.