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2016 DIGILAW 597 (JHR)

Duti Munda v. State of Jharkhand

2016-04-11

D.N.UPADHYAY, RATNAKER BHENGRA

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JUDGMENT : RATNAKER BHENGRA, J. This Criminal appeal has been directed against the judgment of conviction and order of sentence dated 10.7. 2003 and 11.7.2003 passed by the learned Addl. Judicial Commissioner, Ranchi in S.T. No. 87 of 2002/T.R No. 523 of 2002 arising out of G.R. Case No.3018 of 2001corresponding to Ormanjhi P.S. Case No. 107 of 2001 whereby the above named appellant has been held guilty for the offence punishable under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with payment of fine Rs.500/-. 2. The case of the prosecution as it appears from the Fardbeyan of the informant Etwa Munda S/O Sumra Munda, village Chandra, P.S Ormanjhi Dist. Ranchi recorded by S.I, K.D Poddar, Officer Incharge Ormanji P.S. on 23.10.2001 at 11.00 a.m. at Chandra that while his entire family was taking food and thereafter sleeping, he heard screams (hulla) emanating from the house of Duti Munda which is adjacent to his house and he thought that what is happening so early in the morning in the house of his cousin brother (Duti Munda) where he and his wife live. On hearing hulla after getting some persons from the village together, he went to the house and saw that door was closed from inside and screams are coming out and informant and other villagers shouted to open the door but door was not opened, then he broke the door and entered into the house and found that there is another room in which door was also closed from inside which was opened after repeated call. It was further alleged that when he entered in the room he found that accused Duti Munda had Kulhari in his hand and his wife was writhing in pain who had been assaulted on the neck with an Axe and blood was oozing out from the wound. It is further alleged that in this house no one else lives except his nephew who has gone away for doing work. It is further alleged that often quarrels and fighting took place between accused and his wife and in this way Duti Munda had assaulted his wife on the neck and she died in front of him. 3. It is further alleged that in this house no one else lives except his nephew who has gone away for doing work. It is further alleged that often quarrels and fighting took place between accused and his wife and in this way Duti Munda had assaulted his wife on the neck and she died in front of him. 3. On the basis of the Fardbeyan of Etwa Munda Ormanjhi P.S. Case No. 107 of 2001 corresponding to G.R. No. 3018 of 2001 for the offence punishable under section 302 of the Indian Penal Code was registered. The police, after due investigation, submitted charge sheet, accordingly cognizance of the offence was taken and the case was committed to the court of Sessions and registered as S.T No. 87 of 2002. 4. Charge under section 302 of the Indian Penal Code was framed, but the accused pleaded not guilty and claimed to be tried. To substantiate the charge, the prosecution examined altogether 10 witnesses. The learned Sessions Judge, after conclusion of trial, convicted the accused person for the offence under section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life with payment of fine of Rs.500/-. Hence this appeal. 5. Since confession was made by the accused before various persons it is being reproduced herein in brief. He said that his name is Duti Munda son of Late Lattu Munda resident of village Chandra P.S. Ormanjhi Distirct, Ranchi and his statement was recorded by S.I., R.K. Singh P.S. Ormanjhi on 23.10.2001 at 11.45 A.M. He said that he was married 30 years ago to Sohri Devi. He has two sons and both have gone to Calcutta for earning and on 22.10.2001 at around 11 A.M he had gone to his sister's house. While returning from there, his sister had given 30 K.Gs rice grains for taking home. He sold this rice grains at the price of Rs. 48/-in the market and purchased 3 K.Gs of milled rice and with rest of the money he drank some Alcohol and he reached his home at about 8 P.M in intoxicating state. He asked his wife for food. His wife gave him rice and vegetable for eating in dark itself. He sold this rice grains at the price of Rs. 48/-in the market and purchased 3 K.Gs of milled rice and with rest of the money he drank some Alcohol and he reached his home at about 8 P.M in intoxicating state. He asked his wife for food. His wife gave him rice and vegetable for eating in dark itself. He told his wife how he will be able to eat in dark condition on which his wife started abusing him and he told her to light lamp so that he will be able to take food. Because of this he and his wife began to quarrel and he also said that in anger he killed his wife with an Axe. 6. P.W 1 Etwa Munda is the informant. He has deposed that when the accused did not open the door then he collected some villagers and broke open door of the house and entered into the house. They saw that inner room was closed and they forced accused to open the door of room. He has said that while entering into the inner room, they saw the accused standing in the room and deceased was lying with injuries on her cheek and there was blood mark on the cloth of the deceased. He said that Chowkidhar had come and reported the matter in Police Station. 7. P.W.2, Sukhdeo Munda has deposed that incident is of last year about eight months ago at around 3 O'Clock in the morning. He was in the house when Etwa Munda called him and said that let us go there for the reason that there was scream in the house of the accused and then he went to the house of Duti Munda. Door of the house was closed which they broke open and saw that another door was closed and when the door was opened after repeated call then they entered and saw that in the room a lamp was lit and they saw that the accused was standing in the room and wife of the accused was lying on the ground and blood was oozing from her neck. He further deposed that Duti Munda and his wife used to often quarrel and in anger he had killed his wife. He recognized the accused in court. He further deposed that Duti Munda and his wife used to often quarrel and in anger he had killed his wife. He recognized the accused in court. In cross examination he said that when he went there at that time he was not in intoxicating condition but bottle was there. Because of this, they used to quarrel. 8. P.W.5 Sikandar Munda has deposed that alleged incident is of about nine months ago and he heard alarm that Duti Munda has killed his wife and he went to his house and there many persons present there. He entered into the house and saw that wife of Duti Munda was dead and lying on the ground and from her neck blood was oozing out. He also deposed that there was blood on the cloth and body of Duti Munda as also on the Axe. Duti Munda used to drink and because of this they used to fight and he used to assault his wife. He also deposed that he had recognized the accused in court. 9. PW-4, PW-6 and PW-7 are co-villagers who have deposed that on alarm they went to the house of the accused and there they found that the wife of the accused was lying dead on the ground and the blood was oozing from her neck and the accused Duti Munda was also present there and whom the villagers had caught. PW-4 has also deposed that blood stained Axe was also recovered from the accused and blood stained soil was also seized from the place of occurrence. PW 6 and PW-7 have also deposed that there was blood mark on the cloths of the accused and that the Axe which was recovered was also stained with blood. 10. PW-9 is the M.O who has proved the post-mortem report and deposed that he found several incised injuries and lacerated wounds on the neck of the deceased and the MO has also opined that the injuries were caused by sharp cutting weapons and as well as by hard and blunt substance. 11. PW-8 is the IO of this case and who has deposed that when he visited the PO he found that the wife of the accused was lying dead on the ground and there was blood around the dead body. 11. PW-8 is the IO of this case and who has deposed that when he visited the PO he found that the wife of the accused was lying dead on the ground and there was blood around the dead body. The IO has also deposed that on the PO where the dead body was lying he also found blood stained axe there and the blood was oozing from the neck and cheek of the deceased. The witness has also proved the seizure list of blood stained axe and blood stained soil which was prepared by him at the place of occurrence. Further the IO has also stated that the informant has also stated before him that the accused Duti Munda assaulted his wife by axe on the neck of the deceased which caused her death. The I.O has also stated that the witness Surendra Munda has also supported the case of prosecution that he had gone on alarm and saw the occurrence and also saw the recoveries. 12. Besides the above the prosecution has also exhibited the confessional statement of the accused. When I see this confessional statement Ext.6 in this case I find that when the accused was caught at the P.O he had made the statement after accepting his guilt that on the date of occurrence when he was returning from his sister's house after taking rice grains and then after disposing the rice grains in the market he entered in his house with 3 K.G milled rice, then his wife gave him food. The accused had also stated in confession that the wife of the accused had given food in dark night and when he asked his wife to light the lamp the wife began to abuse him on which the accused became agitated and angry and as such he quarreled with his wife and assaulted her wife with Tangi causing her death. ARGUMENTS 13. The learned counsel for the appellant has stated that there are no eye witnesses to the incident and in the absence of witnesses, appellant cannot be held guilty. He has further said that the allegation of drinking does not sound genuine because it seems he was drinking alcohal during the day, and normally persons drink in the evening or night. The learned counsel for the appellant has stated that there are no eye witnesses to the incident and in the absence of witnesses, appellant cannot be held guilty. He has further said that the allegation of drinking does not sound genuine because it seems he was drinking alcohal during the day, and normally persons drink in the evening or night. Another argument advanced was that even though blood was flowing, there is no test done to determine whether the blood was of the accused or the deceased. He has further pointed out the deposition of P.W 2 and said that he has deposed that there was no axe with him, hence murder weapon is doubtful. He has also tried to point out discrepancies in the evidence of P.W 8 and said that this witness has stated that blood was running from the left side, but that the Doctor says right side. So injury is suspect. He has tried to make out a case on the basis of differing time. He has submitted that P.W 2 said that he came to house in the morning at round 3.a.m and then went to place of occurrence, while P.W 5 in his cross-examination has said that when he reached home at 7-8 in the morning he heard some alarm. He has also said that confession of the accused should not be relied upon, since it self incriminates him. For the above reasons he says that conviction of the appellant should not be upheld. 14. Learned A.P.P. Mr. Pankaj Kumar has argued that the accused was apprehended by the witnesses in the place of occurrence itself along with the dead body of the deceased in presence of other persons or witnesses also, so this can be considered as apprehending on the spot. He has further submitted that the room in which the incident took place was locked from inside and the screams or alarm emanated from the room. So whatever occurrence took place inside the locked room. In much calling out and on much pressure from those who had gathered, then the room was opened and the appellant was seen inside the room with axe and his wife was lying on the floor P.W1, P.W2, P.W 4, P.W 5, P.W 6 and P.W 7 are witnesses to such happening and on the basis of these ocular evidence also the guilt is established. FINDINGS 15. FINDINGS 15. In this case, the circumstances are such that the appellant could not be able to wriggle out of the situation of guilt he has created for himself, though, there may not be any direct witness to the assault, the incident took place in a village house in an inner closed room, the door of which was compelled to be opened by the accused in front of witnesses, who then saw his wife bleeding and lying on the floor with neck injuries and the accused husband standing inside. Although not any one may have seen, the direct assault, but screams were heard from the inner room, at which adequate persons gathered who one forcing the appellant to open the door saw the crime scene. Witness who arrived immediately after alarm was made are P.W 1, P.W 2, P.W 5, P.W 6 and P.W 7. The evidence of the Doctor P.W 9 has corroborated the alleged neck injury by sharp cutting weapons as well as by hard and blunt substance. The I.O. P.W 8 has also testified to the place of occurrence and saw the blood oozing from the neck and cheek of the victim. He has also proved the seizure list of the blood stained axe which was prepared. So in the face of so many witnesses who arrived immediately at the crime scene, apprehended the accused, the doctors evidence supporting the injuries witnessed by other witnesses and even the Investigating Officer corroborating the crime as stated by other witnesses, there is no room for doubt about guilt of accused. The confession of the appellant in the face of these evidences would be redundant. 16. Accordingly, on the basis of arguments, records and evidences, the conviction of the appellant by the trial court for the offence under sections 302 of the Indian Penal Code is upheld as well as the sentence of R.I for life with payment of fine of Rs. 500/- 17. Accordingly, this Appeal is dismissed.