HARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 9-6-1989 in S.T.No. 93 of 1982 passed by Sri Damodar Prasad, Vth Addl. Judicial Commissioner, Ranchi, convicting all the appellants under Sections 302 read with 34 of the Indian Penal Code on the charge of committing murder of Laka Pahan in furtheranceof the common intention and sentencing them to rigorous imprisonment for life. Further, the appellants have been convicted under Section 379 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year thereunder. Besides, the appellant Laro Munda has been convicted under Sections 148 and 324 of the Indian Penal Code and he has been sentenced to undergo rigorous imprisonment for one year on each count. Appellants Hari Singh Munda and Joto Munda have been further convicted under Sections 147 and 325 of the Indian Penal Code and each of them has been separately sentenced to undergo rigorous imprisonment thereunder for six months and one year respectively. The sentences passed on the convicts have been ordered to run concurrently.

(2.) Briefly stated, the prosecution case, as made out in the first information report (Exhibit 2), is as under :On 22-10-1980 at about 9 a.m. the informant (Baliram Pahan), P.W. 5 Laka Pahan (the deceased), own uncle of the informant, Sohrai Pahan, P.W.6, younger brother of the informant, Mago Pahan, P.W.2, the cousin uncle of the informant, Karam Singh Pahan, P.W.1, the brother of Mago Pahan, Sukhu Pahan, P.W.8, and Kunta Pahan, P.W.7, brother of the informant, assisted by the female members of the family, were harvesting the standing paddy crop on their land, known as Nayaldiri Darhi Don situate at village Kuda, within P.S. Murhu, district Ranchi. The harvested paddy crop was being kept by them in the field itself. While the harvesting was in progress at 10 a.m. the appellants Hari Singh Munda, Joto Munda and co-accused Manga Munda (since dead) armed with Lathi, appellant Laro Munda and co-accused Somrai Munda (who died pending trial) and Sukhram Munda (acquitted accused) armed with Balua, with two unknown miscreants, came to the field and began assault on the prosecution party. The females harvesting the crop fled to some distance at their sight Manga Munda, Laro Munda and Samrai Munda, chased and assaulted Laka Pahan with Lathi and Balua, who died on the spot. The accused persons caused injuries to Sohrai Pahan and Mago Pahan with Lathi and Balua. The informant fled from the field to some distance and so he escaped unhurt. The accused persons subsequently took away the cut paddy from the field. The dead body of Laka Pahan lay on the spot, and after the occurrence Jaimashi Christian, the Chowkidar (P.W. 9) was deputed by the informant to watch the dead body of deceased Laka Pahan lying on the spot. Konta Pahan (P.W. 7) was with the Chowkidar. The motive behind the occurrence is that the accused persons lay false claim on the land.The informant with the help of villagers carried wounded Sohrai Pahan and Maga Pahan on two cots to Murhu Police Station on 23-10-1980 at about 10 a.m. and lodged the First Information Report (Exhibit 2) about the occurrence with the police station. The explanation for the delay in lodging the First Information Report is that the police station is at a distant place (in the First Information Report the distance between the place of occurrence and the police station is recorded as 16 kms. and in evidence of P.W. 5, the informant, it is mentioned about 10 kms.) and it is a hilly track and it took time in carrying the injured and reaching to the police station. On the basis of the First Information Report (Exhibit 2), the present case was instituted and after investigation charge-sheet was laid against the accused persons in Court.

(3.) The prosecution has examined 12 witnesses in support of its case. Out of them P.W. 2 (Mangari Pahanain), P.W. 4 (Sumi Pahanain), P.W. 7 (Kanta Pahan) and P.W. 8 (Sukhu Pahan) are tendered witnesses. P.W. 9 (Jaimashi Christian), the Chowkidar, has simply stated that on getting information about the murder of the deceased, Laka Pahan, he had gone to the spot. P.W. 10 (Dhaniram Nayak), the Chowkidar, is a witness on the point that on the next morning of the occurrence he went to the spot where the dead body of Laka Pahan was lying to keep a watch on it and others had left for the police station and he had taken the dead body to the hospital for post-mortem examination. P.W. 12 (William Minz), a constable, is a formal witness. He has proved the first information report, the inquest report (Exhibit 3) and the sketch map (Exhibit 4) in the pen of Laxman Singh, the then Officer-in-Charge of Murhu Police Station. The other P.Ws. are P.W.1 (Karam Singh Pahan), P.W. 2 (Mago Pahan), the injured, P.W. 5 (Baliram Pahan) the informant, P.W. 6 (Sohrai Pahan) the other injured, who claimed themselves to be witnesses to the occurrence. P.W. 11 (Dr. B. K. Sinha) had held autopsyon the dead body of Laka Pahan and had examined the injured Mago Pahan (P.W. 2) and Sohrai Pahan (P.W. 6).