SANJHLI AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 14.12.1992 passed by VIIth Addl. Sessions Judge, Bhagalpur in Sessions Trial No. 845 of 1990/5 of 1992 convicting and sentencing all the appellants to undergo imprisonment for life under Sections 302/149 of the Indian Penal Code (in short, IPC) and R.I. for one year each under Section 342, IPC. Both the sentences have, however, been ordered to run concurrently.

(2.) The case of prosecution in short is that deceased Hopen Moi, the mother of informant Chand Muni (PW 11) was living alone in a house at Pokhar Tola situate in the village Deori which is the informant's village also where informant was living separately. The reason of informant's mother living alone was that because her husband and son were working somewhere else far away from village. On 14.5.1990 at about 7.00 p.m. all the appellants along with co-accused Marang Moi w/o Dena Manjhi, Dudna, wife of Dudna and Barki brought the deceased from her house to a place known as Burhasthan situate in the middle of village and tied her by ropes with a electric pole and started assaulting her with lathi, sticks, iron rod and khanti. On hulla the informant, her husband Bhattu Hembram (PW 2), her mother-in-law Barhaki Dhena (PW 1) and villagers, namely, Churhki Hansda (PW 4), Sanjhali (PW 5), Barfi Dena (not examined) Janua Soren (not examined) Chamru Soren (not examined) and others went there and asked the appellants and their companions not to assault the deceased but they did not listen to them and gave them threatening and out of fear the aforesaid witnesses kept quite. The appellants assaulted the deceased till she died and thereafter untied the deceased and the dead body of the deceased then fell on the ground and thereafter, the appellants left the place of occurrence taking away their weapons and ropes. The village chawkidar reached the place of occurrence on hearing hulla and kept watch on the dead body for the whole night so that the dead body may not be removed by the appellants and their companions. At that time of occurrence most of the villagers had gone to village Ramjanipur in a barat and this situation facilitated the appellants and their companions in committing the offence. The fardbeyan (Ext. 4) of informant was recorded on 15.5.1990 at 6.30 a.m. About the genesis of occurrence, the informant in fardbeyan has stated that the appellants and their companions committed the murder of deceased saying that she was a witch. The police after investigation submitted charge-sheet against all the six appellants and co-accused Hobe Hembram and Ram Lal Kisku. After cognizance the case was committed to the Court of Sessions and all the appellants and co-accused Hobe Hembram and Ram Lal Kisku were put on trial. Charges under Sections 302/149 and 342, IPC were framed against all the appellants and co-accused Hobe Hembram and Ram Lal Kisku. The appellants denied the charges and they were put on trial. The case of defence as it appears from the cross-examination of prosecution witnesses was that the appellants have been falsely implicated in this case on account of enmity. After trial, the Court below found all the appellants and co-accused Hobe Hembram guilty under Sections 302/149 and 342, IPC and convicted and sentenced the appellants as indicated above. Co-accused Ram Lal kisku was not found guilty and he was acquitted. Hobe Hembram has not joined the appellants in this appeal.

(3.) Altogether 12 witnesses have been examined on behalf of prosecution. Chand Muni (PW 11) is the informant. Barhaki Dhena (PW 1), Makku Murmu East Cr C (3) 120(HC) (PW 3), Churhki Hasda (PW 4) and Sanjhali (PW 5) are eye-witnesses to the occurrence. Dr. Kailash Jha (PW 10) is the doctor who had conducted autopsy on the dead body of deceased. Bhattu Hembram (PW 2) and Bulai Manjhi (PW 7) are witnesses on the inquest report. Parmeshwar Paswan (PW 6) is a witness who had seen the women appellants when they were taking the deceased towards village and about 9.00 p.m. on the same day had seen the dead body of deceased lying at a place known as Burhasthan. Talawa Marandi (PW 8) and Babu Lal Soren (PW 9) have not supported the case of prosecution and they have been declared hostile. Deenbandhu Prasad (PW 12) is a formal witness who has proved the formal F.I.R. (Ext. 3) fardbeyan (Ext. 4) inquest report (Ext.5) and case diary (Ext. 6).