TUNI MARANDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred by the above -mentioned accused appellant against the judgment and order dated 27 -8 -1990 passed by the then 4th Additional Sessions Judge, Munger in Sessions Case No. 325 of 1987 convicting the accused -appellant under Section 302 of the Indian Penal Code and sentencing him rigorous imprisonment for life. When the appeal was preferred before this Court vide order dated 15 -11 -1990 a Division Bench of this Court has appointed Shri Viveka Nand Jha as an arguing Counsel for and on behalf of the accused -appellant.

(2.) THE deceased in the present case is Matal Marandi who happened to be the cousin of the accused -appellant Tuni Marandi. The prosecution case is that the accused -appellant Tuni Marandi was a habitual drunkard and on being cousin, the deceased Matal Marandi used to caution him not to take more wine and while chastising he was reminding of the death of the elder brother of the accused -appellant on the same cause of consumption of excess liquor. On the previous date of occurrence when again the deceased cautioned the accused -appellant while he was taking wine in a nearby house belonging to one blind woman then the accused appellant became enraged and threatened the deceased of dire consequences. The accused and the deceased were closed neighbours. In the morning of 28 -4 -1987 at about 5 a.m. the Matal Marandi was found lying unconscious having several injuries on his person on the back side of house. It was detected by his son Fudo Marandi (P.W. 5). He found injuries on his temporal region and below his left eye and that the injured was not in a position to speak. The informant then called the neighbouring persons and as there was previous incident of chastising it was informed that the accused have hands in injuring Matal Marandi. The witnesses then called the village Chowkidar (P.W. 4) Latru Roy who came to the spot and found the injured lying unconscious condition and then went to the house of the accused where the accused was found to be hiding himself on the corner of the room. He was brought out by the village Chowkidar and on being asked as to how Matal Marandi had been injured then it is alleged that the accused -appellant confessed his guilt before the villagers and the chowkidar and give the whole story starting from the previous date's chastising and wielding such threatening by him and then causing injury on the person of Matal Marandi by Tangi. The village Chowkidar (P.W. 4) along with the villagers caught hold of the accused -appellant and then went to the police station at Jhajha together with the injured and there and fordbeyan was made by the son of the deceased P.W. 5 Fudo Marandi wherein details of the occurrence was mentioned and on the basis of that fardbeyan a police case was registered. The accused was arrested and the injured was sent to hospital but on that date itself in course of treatment the injured died. He did not regain his consciousness till his death. Before Police also the accused made confession regarding his guilt and he has specifically stated that he had committed the offence by means of Tangi having a wooden handle fixed on it and that the same Tangi had been concealed in the corner room of his house. On such statement, the Police went to the house of the accused -appellant and as stated by the accused -appellant the weapon was recovered from the place where mention was made by the accused -appellant. On the dead body of the deceased, post -mortem was held and after completion of investigation charge -sheet has been submitted under Section 302, I.P.C. against the accused -appellant.

(3.) FOR and on behalf of the prosecution as many as seven witnesses have been examined. P.W. 1 Dr. Satya Narain Singh was the doctor attached to Janjha Hospital who held post -mortem examination over the dead -body of Matal Marandi. During the course of post -mortem, he found a bandaged wound on the scalp and on opening the bandage he found stitched wound on the scalp in front of the right ear. On dissection a cut mark was found ranging from the lower part of the right temporal and frontal bones up to lower part of the right parietal bone, There was laceration of brain membrane and the brain substance just near the right ear, the injury was anti -mortem one and caused by a sharp -cutting weapon like Tangi. P.W. 2 Barku Chonrain and P.W, 3 Budhan vlarandi are the villagers who went to the house of the accused and in their presence accused -appellant made extra -judicial confession given description about the whole occurrence. Both these witnesses have corroborated each other on the vital point regarding extra -judicial confession and they have also mentioned as to what was the actual confession being made by the accused -appellant. P.W. 4 Latru Rai is the village Chowkidar. He has also supported the prosecution story regarding the extra -judicial confession made by the accused appellant in presence of all. He along with the villagers and the informant took the accused appellant to the Police station. P.W. 5 Phudu Marandi is the informant and the son of the deceased, P.W. 6 is Chandra Bhushan Sahay who was the medical Officer of the Referral Hospital and he examined the deceased at the injured stage first and he found two injuries on the person of the injured Matal Marandi. The injuries were of the following nature : (i) Wound on right maxilary region 1'x 1/2' x 1/2'. (ii) Wound on right preauricular region 1/2' x I/ 2' x 1/2'. Another injury was also there on the right post aunioular region 1/2' x 1/2' x 1/2'. There was also swelling on the right side of the face. Injuries were caused by sharp -cutting weapon like Tangi as deposed by the doctor and the swelling was caused due to inflammation caused by injuries. Although there were three injuries mentioned on the person of the injured but afterwards those were stitched and the injuried was sent to Jajha Hospital for treatment where the injured died, but the doctor who held post -mortem had mentioned about the single injury. This has been caused due to stitching of the three injuries arrayed in the same line and, as such, it cannot be said that the injury found at the Referral Hospital is different from that which had been found after post -mortem examination. P.W. 7 Md. Shamse Alam is the Investigating Officer of the case. During the course of examination under Section 313, Cr. P.C. the accused -appellant has denied of his involvement with the crime and he specifically also denied of making any confession either before the villagers or before the Police. After consideration of the evidence on record, the learned Sessions Judge came to the finding that although the case is based on circumstantial evidence but all the chain of circumstances could be proved beyond all reasonable doubts and those chain of circumstances when proved pointed towards the guilt of the accused -appellant alone. The prosecution case is based on three types of evidence, namely, (i) the extra -judicial confession made by the accused -appellant before the villagers including P.Ws. 2, 3, 4 and 5. (ii) the part of the confession made before the Police by the accused -appellant towards recovery of the incriminating weapon as admissible under Section 27 of the Evidence Act. (iii) Previous incident between the accused and the deceased regarding consumption of liquor by the accused -appellant and chastising by the deceased.