Research › Search › Judgment

Jharkhand High Court · body

2016 DIGILAW 443 (JHR)

Yaspal Singh Sundi v. State of Jharkhand

2016-03-09

D.N.UPADHYAY, RATNAKER BHENGRA

body2016
JUDGMENT : This criminal appeal has been directed against the judgment of conviction and order of sentence dated 09.07.2004 and 13.07.2004 respectively passed by the Addl. Sessions Judge, Fast Track CourtII, West Singhbhum, Chaibasa in connection with Sessions Trial No. 119 of 2003 corresponding to G.R. Case No. 43 of 2003 arising out of Sonua P.S. Case No. 10 of 2003 whereby sole appellant has been held guilty for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life. 2. The facts emerging from fardbeyan of Randai Sundi recorded on 08.03.2003 at 8.00 hours at Lonjo Sonua pitch road, southwest of village Udaypur district – West Singhbhum, is that on 07.03.2003 at about 9.00 p.m. she heard hulla that Master Sahab (Kedar Nath Sundi) has been killed. Thereafter, the informant along with villagers reached to Lonjo Sonua pitch road situated at a distance of half kilometer away from village Udaypur and found dead body of her husband Kedar Nath Sundi lying on the road having cut injury on his neck. The motorcycle belonging to the deceased was lying at the place. In the mean time, her son Janardhan Sundi accompanied by Balbhadra Nayak, Surya Narayan Singh and other people came from the side of village Udaypur. He informed that his step brother Yashpal Singh Sundi had been to the house of his father Kedar Nath Sundi at about 5.00 p.m. and requested for money but the request was turned down. At about 7.00 p.m. Janardhan Sundi with his father Kedar Nath Sundi and step brother Yashpal Singh Sundi proceeded from Sonua on a motorcycle being driven by Kedar Nath Sundi. When they reached on Lonjo Sonua road about half kilometer away from village Udaypur, Yashpal Singh Sundi requested to stop the motorcycle for urinating. The request made by Yashpal was acceded to and deceased Kedar Nath Sundi got down from the motorcycle. In the mean time, Yashpal Singh Sundi took out a Banki (Dabli, a sharp cutting weapon) from within the bush where it was concealed and inflicted blows on the neck of Kedar Nath Sundi. After receiving injury Kedar Nath Sundi fell down. Janardhan Sundi, due to fear, escaped from the place and went to village Udaypur and informed Balbhadra Nayak. Again Janardhan Sundi returned back to the place and disclosed the incident to his mother Randai Sundi (informant). 3. After receiving injury Kedar Nath Sundi fell down. Janardhan Sundi, due to fear, escaped from the place and went to village Udaypur and informed Balbhadra Nayak. Again Janardhan Sundi returned back to the place and disclosed the incident to his mother Randai Sundi (informant). 3. On the basis of fardbeyan of Randai Sundi, wife of deceased, Chakradharpur, Sonua P.S. Case No. 10 of 2003 dated 08.03.2003 under Section 302 of the Indian Penal Code against appellant Yashpal Singh Sundi was registered. The investigation was carried out, inquest report and seizure list were prepared, appellant was apprehended, statement of witnesses were recorded and after concluding the investigation, charge sheet against appellant Yashpal Singh Sundi was submitted. Charge under Section 302 of the Indian Penal Code against appellant Yashpal Singh Sundi was framed to which he pleaded not guilty and claimed to be tried. To substantiate the charge prosecution has examined altogether 12 witnesses and proved documents like inquest report, seizure list, post mortem report and fardbeyan etc. The learned Addl. Sessions Judge, placing reliance on the evidence and documents, held the appellant guilty for the offence punishable under Section 302 of the Indian Penal Code and inflicted sentence, as indicated above. 4. The informant Randai Sundi has been examined as PW8 and she has supported the prosecution case as made out in the fardbeyan. She says that appellant Yashpal Singh Sundi is her step son. She received information regarding occurrence from her son Janardhan. She had been to the place of occurrence and had seen the dead body of her husband Kedar Nath Sundi. She has admitted her contention made in the fardbeyan. Janardhan Sundi PW7 is son of the informant and he is a child witness. According to statement of PW7 the occurrence took place at about 7.00 p.m. while he along with his father and brother Yashpal were returning on a motorcycle. The motorcycle was driven by his father (deceased) and he was sitting in the middle whereas appellant Yashpal was sitting behind. When they reached near village Udaypur, Yashpal asked to stop the motorcycle as he wanted to urinate. The motorcycle was stopped and all the three i.e. the deceased, PW7 and the appellant got down from the motorcycle. It is further disclosed that Yashpal took out Banki from his waist and inflicted blows on the neck of deceased. When they reached near village Udaypur, Yashpal asked to stop the motorcycle as he wanted to urinate. The motorcycle was stopped and all the three i.e. the deceased, PW7 and the appellant got down from the motorcycle. It is further disclosed that Yashpal took out Banki from his waist and inflicted blows on the neck of deceased. Seeing the assault due to fear this witness ran towards village Udaypur. The matter was informed to the villagers and then again he came back to the place of occurrence. His statement was recorded by police on Saturday. 5. Dr. Surendra Lav PW1 has conducted post mortem examination on the dead body of Kedar Nath Sundi on 08.03.2003 and proved post mortem report as Exhibit-1. Sharp cut injuries were found on neck and those injuries have been explained by the doctor. Sadhu Charan Samad PW2 and Surya Narayan Singh PW4 are the witnesses to the inquest and they have proved their signature appearing on the inquest report. Narpati Kalindi PW3 has proved his signature on the seizure list. Lal Chand Kapoor PW6, Sukhal Sundi PW9 and Prem Chand Mundari PW11 are the witnesses to the seizure list. It reveals that articles belonging to deceased and blood stained soil have been seized vide Exhibit-7. Blood stained Dabali (weapon used for commission of the offence) has been seized vide Exhibit-10. Blood stained cloth of the appellant has been seized vide Exhibit-8, cash and articles belonging to the deceased kept in a raxine bag has been recovered from possession of the appellant vide Exhibit-9. 6. Ashok Kumar Singh PW10 is the Investigating Officer. He has stated that on 08.03.2003 on the basis of rumour spread that a person has been killed, he along with police party went to the place of occurrence situated on Sonua Lonjo pitch road. The informant was present at the place of occurrence and her fardbeyan was recorded and she has proved her fardbeyan Exhibit-3. Signature of attesting witness Narpati Kalindi has been proved as Exhibit-3/1. He has further proved inquest report Exhibit-4, formal F.I.R. Exhibit-5, endorsement on the fardbeyan Exhibit 3/2, paragraph 1 to 43 of the case diary written by S.I. Bhim Sen Sinduria and the signature of Sinduria appearing on the seizure list has been marked Exhibit 2/8 to 2/10. S.I. Kashi Kujur PW12 has proved seizure list Exhibit-8 and Exhibit-9. 7. He has further proved inquest report Exhibit-4, formal F.I.R. Exhibit-5, endorsement on the fardbeyan Exhibit 3/2, paragraph 1 to 43 of the case diary written by S.I. Bhim Sen Sinduria and the signature of Sinduria appearing on the seizure list has been marked Exhibit 2/8 to 2/10. S.I. Kashi Kujur PW12 has proved seizure list Exhibit-8 and Exhibit-9. 7. Appellant has assailed the impugned judgment on the ground that PW7 and PW8 are not reliable witnesses. Appellant is step son of informant and that is why he has been implicated in this case with false allegation. The informant has given contradictory statement. In her fardbeyan she says that after receiving information regarding murder of Kedar Nath Sundi she went to the place of occurrence and had seen the dead body. While she was crying near the dead body, her son Janardhan sundi accompanied by Balbhadra Nayak and Surya Narayan Singh reached to the place and disclosed entire episode before her but in her deposition in court she says that Janardhan Sundi informed her about the occurrence on the following morning at 5-6 a.m. In her fardbeyan she has stated that the appellant had taken out Dabali from within bush where it was concealed but aforesaid fact is not corroborated by Janardhan Sundi PW7 when he says that Yashpal took out Dabali from his waist and inflicted blows. It is not stated by the Investigating Officer as to how blood stained Dabali used for committing the murder was recovered. Janardhan Sundi PW7 in his deposition in court has stated that he was studying in a school at Lonjo but the informant says that he was living with his father at Sonua and was studying there. Since statement of PW7 and PW8 are not consistent and other witnesses are formal in nature, the judgment of conviction and sentence recorded by the trial court is liable to be set aside. 8. Learned A.P.P. has opposed the arguments. 9. We have gone through the evidence on record and the impugned judgment. According to prosecution case PW7 is an eye witness and he had seen the occurrence. According to statement of Janardhan Sundi PW7 he was accompanying his father at the time of occurrence. He says that his father was driving the motorcycle on which he was sitting in the middle and Yashpal Singh Sundi (appellant) was sitting behind. According to prosecution case PW7 is an eye witness and he had seen the occurrence. According to statement of Janardhan Sundi PW7 he was accompanying his father at the time of occurrence. He says that his father was driving the motorcycle on which he was sitting in the middle and Yashpal Singh Sundi (appellant) was sitting behind. When they reached near village Udaypur on Lonjo Sonua pitch road, the appellant requested to stop the motorcycle for urinating. When the deceased after stopping the motorcycle was standing, the appellant suddenly took out Dabali and inflicted blows on the neck of his father Kedar Nath Sundi. Seeing the assault, due to fear Janardhan Sundi escaped from the place and ran towards village Udaypur. It was argued that the informant in her fardbeyan has stated that the appellant took out Dabali from within bush where it was concealed and then inflicted blows on the neck of deceased but she did not support this fact in her deposition in court. It is not very important as to from where the appellant got Dabali to inflict injury to the deceased, important is whether he had assaulted the deceased by means of Dabali or not. On the point of causing assault, no cross-examination has been done either to PW7 or PW8. We do not feel inclined to give weightage to such contradiction for the reasons that blood stained Dabali was recovered from within the bush and seizure list was prepared and that seizure list bears signature of appellant Yashpal Singh Sundi. There is no doubt about the place of occurrence in view of the fact that the motorcycle and belongings to the deceased were lying on the spot and had been seized by the police. Blood stained cloth of appellant were seized from his possession and that seizure list also bears signature of appellant Yashpal Singh Sundi. One rexine bag belonging to the deceased in which documents relating to motorcycle and cash were kept, was recovered from possession of appellant Yashpal Singh Sundi and that seizure list also bears signature of appellant. The seizure witnesses have fully supported the prosecution case. The oral evidence of PW7 find full corroboration from post mortem report Exhibit-1 and the evidence of Dr. Surendra Lav PW1. The seizure witnesses have fully supported the prosecution case. The oral evidence of PW7 find full corroboration from post mortem report Exhibit-1 and the evidence of Dr. Surendra Lav PW1. We have again examined the evidence of PW7 and PW8 and we do not find any material contradiction in their deposition or anything material to disbelieve or discard their testimony. 10. Considering all these aspects and the evidence and documents available on record, we do not find any merit in this appeal and the same stands dismissed.