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2017 DIGILAW 1729 (JHR)

Bairnath Dhan @ Bairnat Dhan v. State of Jharkhand

2017-10-05

ANANDA SEN, H.C.MISHRA

body2017
JUDGMENT : 1. Heard learned counsel for the appellant and the learned Addl. P.P. for the State. 2. The sole appellant is aggrieved by the Judgment of conviction dated 22.11.2006 and Order of sentence dated 27.11.2006, passed by the learned Additional Judicial Commissioner-II I, Khunti, in S.T. No. 496 of 2005, whereby the appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo rigorous imprisonment for life for the said offence. 3. The appellant is the husband of the deceased Chano Dhan, and the prosecution case was instituted on the basis of fardbeyan of the father of the deceased, namely, Prem Das Munda, recorded on 13.11.2004 at Village-Pargaun, P.S.-Karra, the then District-Ranchi, now Khunti. This witness has stated that on 13.11.2004 in the morning Stiphan Dhan came and informed him that his daughter and son-in-law were inside the house and they were not opening the door in spite of repeated calls. In the night there was some sound of altercation between them. On getting the information, the informant came to the house of his daughter and found the house bolted from inside. When no one responded from inside the house, the villagers removed the tiled roof of the house and after removing the tiles and also breaking open the door, they entered into the room and found his daughter Chano Dhan lying dead in the pool of blood with injuries on her face, caused by sharp cutting weapon and near the dead body there was dauli, which was also blood-stained. The husband of the deceased was also found sleeping in the room. The informant alleged that the husband of the deceased, i.e., the present accused-appellant, Bairnath Dhan had committed the murder of his daughter. On the basis of the fa rdbeyan, Karra P.S. Case No. 62 of 2004, corresponding to G.R. No. 556 of 2004, for the offence under Section 302 of the Indian Penal Code, was instituted against the accused Bairnath Dhan and investigation was taken up. After investigation, the police submitted charge-sheet in the case against the sole accused. 4. On the basis of the fa rdbeyan, Karra P.S. Case No. 62 of 2004, corresponding to G.R. No. 556 of 2004, for the offence under Section 302 of the Indian Penal Code, was instituted against the accused Bairnath Dhan and investigation was taken up. After investigation, the police submitted charge-sheet in the case against the sole accused. 4. After commitment of the case to the Court of Session, charge was framed against the accused Bairnath Dhan for the offence under Section 302 of the Indian Penal Code, and upon the accused's pleading not guilty and claiming to be tried, he was put to trial. In course of trial, nine witnesses were examined by the prosecution, including the. Investigating Officer and the Medical Officer, who had conducted the post mortem examination on the dead body of the deceased, out of whom P.W. 7-Chandar Mahto has turned hostile and has not supported the prosecution case at all. It may be stated that there is no eyewitness to the occurrence. 5. P.W. 1-Stiphan B. Dhan, P.W. 2-Karlus Dhan, brother of the appellant, P.W. 3-Prem Das Munda, the father of the deceased and the informant in the case, P.W. 4-Kumari Dhan, who is the wife of P.W. 2, the brother of the accused appellant, P.W. 5-Joseph Munda and P.W. 6-Anlair Horo, have all stated that in the morning the house was found closed from inside and as no one responded to the calls, the house was broken open' and they entered in the room and found the dead body of the deceased Chano Dhan in the pool of blood. The bloodstained dauli was also found there and the husband of the deceased was also found there sleeping in the room. All these witnesses are not the eyewitnesses to the actual occurrence of the murder. P.W. 1-Stiphan B. Dhan and P.W. 2-Karlus Dhan have also stated that the accused-husband was also in injured condition and P.W. 2-Karlus Dhan has stated that he was actually unconscious. P. W. 1-Stiphan B. Dhan is also a witness to the inquest report and PW. 2-Karlus Dhan is also the witness to the seizure list of bloodstained dauli and soil from the place of occurrence, and these witnesses have identified their signatures on the inquest report and the seizure list, which were marked Exts.-1 and 1/1. P. W. 1-Stiphan B. Dhan is also a witness to the inquest report and PW. 2-Karlus Dhan is also the witness to the seizure list of bloodstained dauli and soil from the place of occurrence, and these witnesses have identified their signatures on the inquest report and the seizure list, which were marked Exts.-1 and 1/1. P.W. 3-Prem Das Munda, the informant is also a witness to these documents and he had put his thumb impressions thereon. The informant has also stated that he had given the fardbeyan to the aforesaid effect before the police. 6. P.W. 8-Dr. Chandar Shekhar Prasad is the Medical Officer, who had conducted the post mortem examination on the dead body of the deceased on 13.11.2004 and had found the following ante mortem injuries on the dead body:- Incised wounds:- (1) 8 x 2 cm x soft tissue on the left cheek middle part. (2) 7 x 2 cm x bone deep on the left cheek prominence cutting the underlying bone. (3) 8 x 2 cm x bone deep and 6 x 2 cm x bone deep on left cheek and adjoining left pinna, cutting the underlying bone. (4) 3 x 2 cm x bone deep on left side of chin cutting the underlying bone partially. (5) 11 x 3 cm x bone deep on left fronto lateral neck cutting the soft tissue, blood vessel, trachea, esophagus and third cervical vertebra partially. (6) 9 x 3 cm x bone deep on left postero lateral neck cutting the soft tissue blood vessels and IIIrd cervical vertebra partially. (7) 5 x 2 cm x soft tissue on the lower part front of neck. (8) 12 x 3 cm x bone deep on right shoulder top cutting the humerus bone partially. (9) 3 x 1 cm x bone deep on left back cutting the underlying bone partially, and (10) 7 x 3 cm x bone deep on left parietal region of head cutting the underlying bone and brain matter. This witness has stated that all the injuries were ante mortem in nature caused by sharp cutting weapon, may be like dauli. He has identified the post mortem report to be in his pen and signature, which was marked as Ext.-3. 7. P.W. 9 is Ashok Kumar, the Investigating Officer of the case. On the date of occurrence he was posted as Officer-Incharge of Karra Police Station. He has identified the post mortem report to be in his pen and signature, which was marked as Ext.-3. 7. P.W. 9 is Ashok Kumar, the Investigating Officer of the case. On the date of occurrence he was posted as Officer-Incharge of Karra Police Station. This witness has stated that he had recorded the fardbeyan of the informant Prem Das Munda, whereupon the informant had put his thumb impression. He has identified the fardbeyan to be in his writing and signature and the same was marked Ext.-4. He has also proved the formal F.I.R., which was marked" Ext.-5. This witness took-up the charge of investigation. This witness has stated that he has seized bloodstained dauli and soil from the place of occurrence. He has proved the seizure list, which was marked Ext.-6 and he has also proved the inquest report of the dead body which was marked Ext.-7. This witness has stated that the accused was present at the place of occurrence itself, and he was also injured, and he was sent to hospital for treatment. This witness has given the details of the place of occurrence and has stated that the dead body of Chana Dhan was on the cot, bearing injuries on her. face. In the said room there was a wooden door, which was found to be removed and the tiles of the roof of the house were also found to be removed through which villagers had entered into the room. Blood stained weapon was also found near the dead body. He received the post mortem report of the dead body of the deceased, recorded the statements of the witnesses and submitted the charge sheet against the accused after completing investigation. In his cross-examination this witness has stated that the accused was present in the same room in injured condition and he was lying on a mat. He has also stated that the house of the informant is also near the place of occurrence. He has denied the suggestion to have done faulty investigation. 8. The statement of the accused appellant was recorded under Section 313 of the Code of Criminal Procedure, in which he has denied the evidence against him, but to the Court's question, as to who had committed the offence, he has pleaded ignorance and has stated that he did not even try to know as to who committed the offence. 9. The statement of the accused appellant was recorded under Section 313 of the Code of Criminal Procedure, in which he has denied the evidence against him, but to the Court's question, as to who had committed the offence, he has pleaded ignorance and has stated that he did not even try to know as to who committed the offence. 9. On the basis of the evidence on record, the accused appellant was found guilty, convicted and sentenced by the Trial Court below, for the offence as aforesaid. 10. Learned counsel for the appellant has submitted that the impugned Judgment of conviction and Order of sentence passed by the Trial Court cannot be sustained in the eyes of law, inasmuch as, the prosecution has not been able to bring home the charge against the accused-appellant beyond all reasonable doubts. It is submitted that there is no eyewitness to the occurrence and it has only come in the evidence that the accused was also found in the same room. It is submitted that the accused was also found in injured condition, and PW. 2-Karlus Dhan has stated that he was actually unconscious. As such, it is absolutely doubtful that this accused had committed any offence. Learned counsel submitted that the prosecution has also not been able to explain the injuries found on the accused and it is a case, in which benefits of doubt ought to have been given to the accused even though the accused was apprehended from the place of occurrence itself. 11. Learned Addl. P.P., appearing on behalf' of the State on the other hand, opposed the prayer and has submitted that though there is no eyewitness to the occurrence of murder, but the chain of circumstances is so complete that there is 'no scope of doubt that occurrence had not been committed by the appellant. The room was found closed from inside and there was no scope of access by any outsider in the house. Only the deceased and the accused were found present in the room when the door was broken open and the villagers entered the room. The dead body of the deceased was found with several injuries and the bloodstained weapon of offence was there and the accused was also present in the room in injured condition. Only the deceased and the accused were found present in the room when the door was broken open and the villagers entered the room. The dead body of the deceased was found with several injuries and the bloodstained weapon of offence was there and the accused was also present in the room in injured condition. It is submitted by the learned counsel for the State that it was for the accused himself to explain as to how the occurrence had been committed, but he has not made any disclosure even when he was put this question by the Court while recording his statement under Section 313 of the Code of Criminal Procedure, except pleading ignorance. Learned counsel submitted that even though the witnesses have stated that they had not seen the occurrence, but chain of circumstance is so complete so as to point out only towards the guilt of the accused without leaving any scope of doubt. Learned counsel accordingly, submitted that there is no illegality in the impugned Judgment of conviction and Order of sentence passed by the Trial Court below. 12. Having heard learned counsels for both the sides and upon going through the record, we find that the case rests only on the circumstantial evidence, as naturally there could be no eyewitness to the occurrence, as the offence had been committed in the closed room, in which only the deceased wife and accused husband were there. The wife was found dead due to multiple injuries and the husband was also found injured and it was for the husband to explain as to how the occurrence had taken place. In absence of any plausible explanation by the husband, the chain of circumstances in this case, is so complete so as to point only towards the guilt of the accused and not otherwise. Even the Trial Court below has tried to know from the accused about the manner in which occurrence had taken place, while recording his statement under Section 313 of the Code of Criminal Procedure, but the accused only preferred to plead ignorance and has stated that he did not even try to get the information as to who had committed the offence. The stand of the accused appellant is absolutely unacceptable, and he, being the husband of the deceased, and the only other person present in the room, was required to explain this. The stand of the accused appellant is absolutely unacceptable, and he, being the husband of the deceased, and the only other person present in the room, was required to explain this. His silence is yet another factor, supporting the chain of circumstances, which is so complete so as to point only towards the guilt of the accused appellant. 13. For the foregoing reasons, we are of the considered view that even though there is no eyewitness to the occurrence, and there is only circumstantial evidence against the accused, but in the present case, by completing the chain of circumstances, the prosecution has been able to bring home the charge against the accused appellant beyond all reasonable doubts. As such, we do not find any illegality in the impugned Judgment of conviction and Order of sentence passed by the Trial Court below. 14. Accordingly, the impugned Judgment of conviction dated 22.11.2006 and Order of sentence dated 27.11.2006, passed by the learned Additional Judicial Commissioner-III, Khunti, in S.T. No. 496 of 2005, convicting and sentencing the accused appellant Bairnath Dhan @ Baimat Dhan, for the offence under Section 302 of the Indian Penal Code, are hereby, affirmed. The appellant is already serving out the sentence in jail custody. 15. There is no merit in this appeal, which is accordingly, dismissed. Let the Lower Court Records be sent back forthwith to the Court concerned forthwith, along with a copy of this Judgment.