HOPNA TUDU Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this case the sole appellant Hopna Tudu of village Talwa, P.S. Pakuria in the district of Sahebganj has been convicted under Section 302 I.PC. and sentenced to imprisonment for life for intentionally causing the death of Mariam Besra on 12th October, 1989 at village Talwa. The deceased was aged 65 years.

(2.) ACCORDING to the prosecution case, Ranimoyee the infant daughter of the appellant suddenly became ili. The appellant had requisitioned the services of an Ojha from village Charudih. The Ojha performed rituals to cure the ailing child of the appellant but she expired on 12th October, 1989. It is the prosecution case that Ojha told the appellant that the deceased was responsible for illness and death of his child. This provoked the appellant, who struck the deceased by a bamboo pole and even chouki (Pidha).

(3.) WE have considered the evidence of the informant. It is true that the conviction of the appellant is based on the testimony of the informant alone. It is however, well settled by the decision of the Supreme Court that the conviction can be based on the testimony of the sole witness provided the evidence of such witness is tree from any blemish. In the instant case, the parties belong to the Tribal community. Firstly, there is no reason why the appellant would be falsely implicated. The dead body of the deceased was found in the house of the appellant. So far presence of other witnesses is concerned; it is doubtful that there were other witnesses of the occurrence. otherwise they would have been charge sheet witnesses. It appears that some persons of the village had come to the house of the appellant when Ojha had come but most probably they left before the occurrence had taken place.