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2019 DIGILAW 1364 (JHR)

Joseph Hembram v. State of Jharkhand

2019-07-30

RATNAKER BHENGRA, SHREE CHANDRASHEKHAR

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JUDGMENT : Shree Chandrashekhar, J. Four persons were named as assailants in the First Information Report which has been lodged on the basis of the fardbeyan of Suresh Marandi, recorded on 21.05.2007 at about 8 a.m. at village –Lattar Tola, Baset Kundi. After the investigation, the accused persons, namely, Joseph Hembram, Bajo Hembram, Devilal @ Laday Hembram and Naresh Hembram were sent up for trial and they have faced the charge under sections 302/34, 342/34 and 323/34 of the IPC. 2. During the trial, the prosecution has examined altogether 8 witnesses; Dr. Singroy Soren who has conducted autopsy over the dead body has found the following injuries on Sunil Marandi: “i. Small wound 1/2”x 1/2” on acromion clavicular area of right and left shoulder. ii. Black echymosis on the right scapula 1” x 1/2” iii. Wound 1/2 “ x 1/2” at mid scalp. iv. Bruises measuring 1/3” x1/3” multiple in number over abdomen left side. v. Bruises 1/4”x 1/4” multiple in number over right hypochonrian” 3. The postmortem examination was conducted at 4.45 p.m. on 21.05.2007. According to the doctor, the death has occurred within 16-18 hours. All the injuries were ante-mortem in nature and the death has been caused due to shock and haemorrhage initiated by rupture of vital organs. 4. In the cross-examination, the doctor has stated that injuries on Sunil Marandi can be caused due to possible fall. 5. The First Information Report was lodged on the information given by Marar Marandi to the informant, namely, Suresh Marandi; Marar Marandi has not been examined during the trial. The witness, namely, Suresh Marandi has admitted that Marar Marandi has informed him about assault upon his brother Sunil Marandi by Joseph Hembram, Bajo Hembram, Devilal @ Laday Hembram and Naresh Hembram. The prosecution witnesses-PW-2, PW-4, PW-5 and PW-6, all are co-villagers. The informant, namely, Suresh Marandi is not an eye-witness to the occurrence. PW-5 and PW-6 both have been declared hostile and PW-4 is just a formal witness; he has signed the inquest report. He has deposed in the court that he has no information who have assaulted Sunil Marandi. 6. Hopna Hembram is the only eye-witness examined during the trial. In his examination-in-chief, Hopna Hembram has named four persons who have assaulted them. They were; Devilal, Baijun, Naresh and Dadai. He says that he has no knowledge whether Devilal is called Dadai. In paragraph no. 6. Hopna Hembram is the only eye-witness examined during the trial. In his examination-in-chief, Hopna Hembram has named four persons who have assaulted them. They were; Devilal, Baijun, Naresh and Dadai. He says that he has no knowledge whether Devilal is called Dadai. In paragraph no. 7 of his examination-in-chief he says that he cannot name all the accused persons individually, though he recognizes them. He is not a co-villager. He had come to village Baset Kundi to attend the marriage function. PW-3 is not the person who has given information about occurrence to the informant. Marar Marandi, who according to the informant has given him the information about the occurrence, has not been examined during the trial. Still, in the First Information Report the appellants have been named as accused. 7. The above facts clearly create doubt on complicity of all the accused in the crime. 8. Since the appellant Joseph Hembram has not been named by Hopna Hembram as an accused in his examination-in-chief and the person who has given information about the occurrence to the informant has not been examined; Shriphul Hembram, daughter of Devilal, as well as Thor Marandi have also not been examined during the trial, we are inclined to give benefit of doubt to the appellant, namely, Joseph Hembram. His conviction under section 323 IPC, under section 342 IPC and under section 302/34 IPC is set aside. 9. The appellant, namely, Joseph Hembram is acquitted of the charges framed against him. He is on bail and, accordingly, he is discharged from the liability of the bail-bonds furnished by him. 10. In the fardbeyan, the informant has narrated the story of the incident in which there is a reference of a Panchyati and fine imposed upon Sunil Marandi and Hopna Hembram. It has come on record that at the time of Panchyati Sunil Marandi was alive. Hopna Hembram who has been examined as PW-3 has deposed that he had gone to arrange the fine amount, however, when he received the information about the death of Sunil Marandi he came back. He has also admitted that before they were assaulted they had drinks together. 11. In the above facts, we find that presence of the appellants, namely, Bajo Hembram, Devilal @ Laday Hembram and Naresh Hembram and assault upon Sunil Marandi and Hopna Hembram by them stand established from the prosecution’s evidence. He has also admitted that before they were assaulted they had drinks together. 11. In the above facts, we find that presence of the appellants, namely, Bajo Hembram, Devilal @ Laday Hembram and Naresh Hembram and assault upon Sunil Marandi and Hopna Hembram by them stand established from the prosecution’s evidence. They have assaulted Sunil Marandi with Lathi and Danda. The injuries on Sunil Marandi have been found superficial in nature. He has died due to internal injuries including rupture of spleen and liver. The doctor has stated that the injuries on Sunil Marandi can be caused by hard and blunt substance, like Lathi. In our opinion, the manner of occurrence as disclosed by the prosecution witnesses does not establish intention of the appellants to cause death of Sunil Marandi. At the juncture when Sunil Marandi and Hopna Hembram were assaulted, all that which can be inferred is that intention of the accused persons was to beat them. Defence taken by the accused persons is that the deceased Sunil Marandi attempted to sexually assault the daughter of Devilal @ Laday Hembram and he along with Hopna Hembram were caught by the villagers. There was a Panchayati in which the deceased and Hopna Hembram were imposed fine clearly indicates that they were beaten up for taking drinks with Shriphul Hembram. In the above facts, it cannot be inferred that the appellants have caused death of Sunil Marandi in furtherance of their common intention. 12. Accordingly, the judgment of conviction under sections 302/34 IPC dated 25.08.2012 passed by the learned Additional Sessions Judge-I, Pakur in Sessions Case No. 175 of 2007 against the appellants, namely, Bajo Hembram, Devilal @ Laday Hembram and Naresh Hembram is set aside. They have caused grievous injury to Sunil Marandi and it is the prosecution’s own case that they have assaulted Sunil Marandi with Lathi and Danda. Accordingly, they are convicted and punished under section 325 IPC. They are sentenced to undergo RI for 7 years. Their conviction under section 323 IPC and under section 342 IPC is, however, affirmed. 13. Mr. Ravi Prakash, the learned Special Public Prosecutor, states that the appellants, namely, Bajo Hembram, Devilal @ Laday Hembram and Naresh Hembram have served sentence of more than 8 years. 14. They are sentenced to undergo RI for 7 years. Their conviction under section 323 IPC and under section 342 IPC is, however, affirmed. 13. Mr. Ravi Prakash, the learned Special Public Prosecutor, states that the appellants, namely, Bajo Hembram, Devilal @ Laday Hembram and Naresh Hembram have served sentence of more than 8 years. 14. Accordingly, the appellants, namely, Bajo Hembram, Devilal @ Laday Hembram and Naresh Hembram shall be set free forthwith, if not required in connection to any other case. 15. Cr. Appeal (D.B.) No. 1006 of 2012 is partly allowed. 16. I.A. No. 5141 of 2018 stands disposed of. 17. Let lower court records be transmitted to the court concerned, forthwith.