BARJO HEMBROM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By the impugned judgment and order, the appellant, on being found guilty for committing murder of one Chipri Barjo (wife of the informant) after kidnapping her, was convicted under Section 302/34 and also under Section 364/34 of the Indian Penal Code and was sentenced to undergo imprisonment for life under Section 302/34 of the Indian Penal Code and further to undergo rigorous imprisonment for six years under Section 364/34 of the Indian Penal Code.

(2.) The case of the prosecution is that on 25.3.1990 while the informant was sleeping in his house in the night along with his wife Chipri Barjo (deceased) and children, two unknown persons having sword, tangi and torch with them entered into the house and took away his wife with them. Thereupon, Sukra Barjo (informant) followed them, but he was assaulted with tangi, as a result of which, he fell down. The informant due to darkness could not identify the miscreants. In the morning, when he narrated about the occurrence to his brother Daso Barjo and Bahadur Kondenkel, they went out in search of the wife of the informant. When they came back, Daso Barjo informed to the informant that in course of her search, when he came to the house of Bistu Kondenkel, he disclosed him that in the previous night while he had been sleeping in his house, two persons, namely, Kaira Alda and Barjo Hembrom (appellant) having sword, tangi and torch with them had come to his house and asked him to accompany them to a place to dance with them.

(3.) Further case of the prosecution as has emerged out from the evidence of P.W.2 is that on 28.3.1990, when the dead body of the deceased Chipri Barjowas recovered, the informant, Sukra Barjo (P.W.5) at about 9.30 A.M. came to the Kumardungi Police Station where his Fardbeyan (Ext.4) was recorded. On recovery of the dead body, Investigating Officer on holding inquest on the dead body was prepared an inquest report and the dead body was sent for post mortem examination which was conducted by Dr. R.P. Singh on 29.3.1990 whereby the Doctor, who was never examined by the prosecution, found the cause of death due to shock and haemorrhage on account of stab wound inflicted over mid abdomen. The Investigation Officer was also not examined in this case by the prosecution.