JAGESHWAR RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeals is directed against the judgment and order of conviction and sentence dated 31.5.1991 passed by the Sessions Judge, Santhal Pargana, Dumka, in Sessions Trial No. 274 of 1989 whereby the appellants 1 to 3 viz. Jageshwar Rai, Raso Rai and Shankar Rai have been convicted under Section 323, 147 and 302 of the Indian Penal Code and sentenced to undergo imprisonment for life; further by the said impugned judgment and order the trial court directed conviction of the appellant No. 4 Kartik Rai by releasing him on executing a bond of Rs. 2000/- (rupees two thousand ) with two sureties of the like amount each with further direction to keep him under the supervision of the Probationary Officer, Dumka for two years under Section 302/147 of the Indian Penal Code.

(2.) Facts of the case, in brief, are that on 2.5.1986 PW3 Ganesh Rai, informant proceeded all alone to village Dhawatand, where his brother in law Amirlal resides. When the informant reached village Roop Sagar, his brother in law Amirlal met him on the way. Thereafter, both of them proceeded to the house of Amirlal situated in Dhowatand village. When they reached the village Rangabandh, the appellants Jageshwar Rai and Shankar Rai pointed out that it was Amirlal who got his brother Udai Rai implicated in a criminal case by informing the Police about some incident. Thereupon, some quarrel took place between Amirlal Rai (deceased) and Jageshwar Rai appellant. Thereafter, accused Lutan Rai, Kartik Rai, Raso Rai came out from their house armed with lathis. Lutan, who died during the course of trial, exhorted his sons Kartik Rai and Raso Rai, to kill the deceased Amirlal Rai. Thereupon, all the co-accused persons started assaulting the deceased with the weapons which they were holding in their hands" The informant PW3 tried to intervene in the melee to save his brother in law Amirlal Rai the deceased. The appellant Jageshwar assaulted him with two lathi blows on his person and he was further threatened with dire consequences. Thereupon, the deceased tried to escape from the place of occurrence and ran away towards the house of Gram Pradhan. All the appellants and co-accused chased him and again the deceased Amirlal Rai was caught hold by them and they again started blowing lathis on his person. The appellants and the co accused gave lathi Blows on his legs when he again tried to run away towards the fields of village Pradhan. Thereupon, the deceased fell down on the ground. The appellants crushed the testicles of the deceased by jumping over his testicles. The testicles of the deceased started oozing out blood. The appellants ran away from the place of the occurrence. The villagers reached at the spot on alarms. By that time, the deceased had died at the spot. The chaukidar of the village was asked to go to the police station to inform about the incident. The Police reached at the place of the occurrence 3.5.1986 along with the chaukidar and the fard beyan of the informant was recorded at the spot by the police. Thereafter, the investigation was started and inquest report was prepared. The dead body was sent for post mortem examination. Statements of witnesses were recorded. Seizure memos were prepared after taking material Ext. at the spot. The investigating officer after completing the investigation submitted charge sheet before the court. The case was committed to the court of sessions and the learned Session Judge framed charges against the appellants and the co-accused. The appellants pleaded that they have been falsely implicated in the case due to enmity. They denied the charges and claimed trial.

(3.) The prosecution, in support of its case, examined PW3 Ganesh Rai informant, and the brother in law of the deceased who was accompanying him from village Roopsagar to the place of occurrence. PW7 Radhia Ghatwarin, who is the wife of the deceased, claims to be an eye witness of the incident. PW1 Anantlal Rai is the Gram Pradhan who reached at the spot immediately after the. incident. PW2 Sohan Rai and PW5 Jhaksu Rai have been tendered before the court. PW4 is the Dr. Chandra Shekhar Jha, who conducted autopsy on the dead body of the deceased Amirlal Rai on 3.5.1986 at about 2.00.p.m. PW6 is Baha Murmu who did not support the prosecution version and she was declared hostile. PW8 Singheshwar Rai is the son of the deceased. He was not present at the spot. He reached his house from Beldaha at about 7 p.m. Then his mother narrated him the entire incident. PW9 Rabindra Kumar is the Investigating Officer of the case.