GHURAN GONR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal, by the sole appellant, is directed against the judgment of conviction and sentence dated 22nd June, 92 passed by the Additional Sessions Judge, Simdega in Sessions Trial No. 244/89 corresponding to G.R. Case No. 171/89, whereby the appellant has been convicted for life imprisonment for an offence under Sec. 302, IPC.

(2.) THE prosecution case is that on 28 -6 -1989 the informant Mangri Gor in had gone to Dumar Tanr situated at village Konmerla Murgi Kone, P.S. Jaldega, District Gumla to pick up grass as Gora crops was grown up. The deceased Fulmani Gorin and Ghumi Gorin @ Langri were with the informant; While they were engaged in picking up grass, the accused -appellant armed with Balua came there and caught hold of the hair of Fulmani Gorin and told that she is a witch and. therefore, he would kill her. The deceased Fulmani Gorin requested the appellant not to kill her as she has done nothing. However, she escaped from the clutch of the appellant but the appellant chased her and caught hold of her hair and assaulted with Balua in the neck of the deceased as a result of which she fell down and, thereafter, the appellant mercilessly gave Balua blows twice or thrice on the neck of the deceased and fled away with the arm. Fulmani Gorin died at the spot. The informant and Ghumi Gorin @Langri, who had seen the occurrence with their naked eyes, could not do anything to save the life of the deceased due to fear. Thereafter, both of them went to the village and Mangri Gorin told her husband Aghan Gorin about the occurrence as the deceased was the mother of Aghan Gorin. Thereafter, the people assembled there and went to the place of occurrence and found that Fulmani Gorin was lying dead on the ground and they also found sharp cutting injury on her neck in the next morning, the informant 'shusband along with others went to the police station and informed about the occurrence. The Officer In -charge of Jaldega Police Station visited the place of occurrence and recorded the fardbeyan of the informant Mangri Gorin upon which the case was registered and dead body was seized and sent for post - mortem. Thereafter, a formal FIR was drawn and after completion of investigation, the police submitted charge -sheet in the Court of SDJM Simdega. The SDJM, Simdega, after taking cognizance, transferred the case of the Court of Judicial Magistrate for commitment. The case was then committed to the Court of Sessions.

(3.) THE prosecution examined as many as 13 witnesses including the Officer In -charge and the Doctor, who conducted the - post -mortem. PW 1 is Narain Mahto who has proved the FIR which is marked as Ext. 1. PW 2 Mahesh Baraik, who is a formal witnesses, proved the seizure -list (Ext. 2). PW 3 is also a formal witness, who proved the inquest report, which is Ext. 3. The Doctor was examined as PW 4, who has deposed that he conducted the post -mortem on the relevant date while he was posted as Civil Assistant Surgeon at Sub -divisional Hospital, Simdega. On examination of the dead body of Fulmani Gorin, the following injuries were found as evident from the post -mortem report: