MOTILAL HANSDA Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THIS criminal appeal has been preferred by the aforesaid appellants against the judgment and order of conviction and sentence dated 8.7.1994, passed by the learned 5th Additional Sessions Judge, Dhanbad, in Sessions Trial No. 333 of 1991, whereby and whereunder, he has convicted appellant Gullu Soren alias Babu Ram Soren under Sections 302, 148 and 452 of the Indian Penal Code and sentenced him to undergo imprisonment for life for the charge under Section 302 of the Indian Penal Code and rigorous imprisonment for six months each for the of fences under Sections 148 and 452 of the Indian Penal Code, directing all the sentences to run concurrently. He has further convicted appellants Motilal Hansda, Chatur Besra and Binia Murmu under Sections 302/149, 147 and 452 of the Indian Penal Code and sentenced them to undergo imprisonment for life under Section 302/149 of the Indian Penal Code and rigorolls imprisonment for six months for the offences under Sections 147 and 452 of the Indian Penal Code, directing all the sentences in respect to these appellants to run concurrently

(2.) THE prosecution case, as per the statement (Ext. 2) of the informant Makhuni Manjhian (PW 6), wife of deceased Mangal Murmu of village -Bishunpur, Tola -Dungridih, Police Station -Tundi, District -Dhanbad, is that on 5.2.1991 at about 5.00 p.m. while she was sitting at her door, taking her child in her lap, she heard sound of Dugdugi. Soon thereafter, 50 to 60 persons, who were villagers of the nearby villages Bishunpur, Naro, Pokhariya, Simartungri, Madhupur etc., armed with Tangi, Farsa, Lathi, bows and arrows, reached at her door. Out of them, she identified Motnal Hansda (appellant no. 1), Daria Hansda, Sikandar Hansda, Sarekal Tudu, all of village -Bishunpur, Chapra Manjhi of VillageMadhupur, Nirodhi Hansda and Chatur Besra (appellant no. 2), Gulu Soren alias Babu Ram Soren (appellant no. 3) of Village -Simartungri, Motilal Besra of VillageNaro and Binia Murmur (appellant no, 4) of Village -Pokharia. Chapra Manjhi and Gulu Soren alias Baburam Soren both had Tangi in their hands and others were armed with Lathi, Farsa, bows and arrows. Motilal Hansda, Daria Hansda and Sorekal Hansda pointed out the house of her husband Mangal Murmur. The others broke open the outer door and entered into her house.

(3.) AT the time of the alleged occurrence, the informant Makhuni Manjhian (PW 6), wife of deceased Mangal Murmur, was sitting at the door, having child in her lap. In her statement, she has mentioned that she identified ten accused persons, out of whom two were not sent up for trial and four have been acquitted by the learned court below, as mentioned above. In the first statement in the First Information Report (Ext. 2) she has stated that all the named accused along with others entered into her house, breaking the door. They brought her husband assaulting from the room to the verandah. Chapra Manjhi has been shown as not sent up for trial, as the Investigating Officer in course of investigation did not find any person namedChapra Manjhi of Village -Madhupur. She has alleged that Chapra Manjhi first assaulted with Tangi on the head of her husband Mangal Murmur. When Mangal Murmur fell down on the verandah, then Gulu Soren alias Babu Ram Soren (appellant no. 3) assaulted him with Tangi above the left ear of her husband Mangal Murmur sustained bleeding injuries and died at the spot. When she was examined as PW 6, she claimed to have identified only Gulu Soren (appellant no. 3), Chapra, Binia Murmu (appellant no. 4), Chatur Besra (appellant no. 2) and Motilal Hansda (appellant no. 1). She could not name the others, whom she had named in the First Information Report. She has deposed that only appellant no. 3 Gulu Soren had assaulted with Tangi above the ear and others assaulted with Lathi, resulting death of her husband at the spot. After causing murder of her husband, all of them left the place of occurrence, beating Dugdugi. On hearing Hulla, none of the villagers had reached to her home, as the villagers out of fear had left the village on hearing the sound of Dugdugi. The accused persons remained inside her house for about an hour and during that period she remained outside the room. After half an hour of leaving her home by the accused persons, the villagers Motilal Hansda, Sikandar Hansda, Sorekal Tudu, Daria Hansda and her father had come to her house (Pr. 10). Thus, her statement is very clear that named accused in the F.I.R. Daria Hansda, Sikandar Hansda, Sorekal Tudu and appellant Motilal Hansda are the villagers, who had gone to her home after half an hour of leaving the place of occurrence by the accused persons. Out of them, Daria Hansda, Sikandar Hansda and Sorekal Tudu along with Motilal Besra have been acquitted by the learned court below whereas Motilal Hansda appellant no. 1, who had also gone with them and father of the informant to her home, has been convicted by the learned court below along with three other appellants, namely, Chatur Besra, Gulu Soren and Binia Murmu. She has further contradicted that the blood stained soil was taken by the I.O. whereas the I.O. although found blood fallen at the place where Mangal Murmur was murdered, he did not seize any blood stained soil.