PRADHAN BIRUWA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed against the order of conviction and sentence, dated 12-5-1994 passed in Sessions Trial No. 108 of 1992 by Sri B.K. Sinha, Second Additional Sessions Judge, Chaibasa by which he has convicted the sole appellant, Pradhan Biruwa, under Sections 302 and 307 of Indian Penal Code and sentenced him to undergo rigorous imprisonment for life, and rigorous imprisonment for seven years respectively thereunder.

(2.) Briefly stated, the case of the prosecution as mentioned in the fard-beyan (Ext. 2) of Jowati Biruwa (PW 1) is that on 14-10-1991 at about 8.00 p.m. when she, alongwith her children was sleeping after taking last meal, all of a sudden, her husband's elder brother Nirpati @ Labus (absconder) and her husband's younger brother - this appellant Pradhan Biruwa - with a Bhujali and a lathi in their hands entered in her house and Nirpati caught her hair and wanted to give Bhujali blow on her neck, which hit her right hand and started bleeding. Further case of the prosecution is that both of them also started assaulting the children and some-how, she escaped and went to her mother's place at Balandia, P.S., Jhinkpani where her husband was employed and narrated the incident to him and in the morning, she along with her husband came to her house, but she did not find any of her child in the house, and on search, the deadbody of her son Pandu Birua, aged about six years with bleeding head injury was found and another son Mangal Birua was found injured and unconscious and the third son Begun Birua was also found in an injured condition. It was claimed that Munda and other villagers arrived there and saw them. The motive for the occurrence is said to be that this appellant suspected Jowati Birua to be a witch and for that they had come to kill her and they caused the death of Pandu Birua and injured the other children.

(3.) The fard-beyan of Jowati Birua was recorded by SI, D.N. Pandey, Officer Incharge, Manjhari P.S. on 16-10-1991 at 6.30 a.m. and on that basis, Manjhari P.S. Case No. 31 of 1991 was registered against this appellant and Nirpati (absconder) under Sections 302/307/34 of Indian Penal Code and the police after investigation, submitted charge-sheet against this appellant showing Nirpati as absconder. As the case was exclusively triable by a Court of Sessions, after commitmentof the case, the appellant was charged under Sections 302 and 307 of the Indian Penal Code and was put on trial and thereafter, he was convicted, as aforesaid, against which this appeal has been preferred.