SIRU HEMBROM Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE sole appellant, Siru Hembrom, has preferred this jail appeal against the order of conviction and sentence dated 14.5.90 passed by the learned Sessions Judge, Dumka (Santhal Parganas), in S.T.No. 55/89, convicting and sentencing him under Section 302, IPC to undergo imprisonment for life.

(2.) THE informant, Lal Murmu, PW -6, on 18.10.88, went to the P.S. Littipada, along with brother, Pradhan Murmu, Chini Hembram, PW -2, Mahal Chaukidar and Maisa Paharia, PW -3, taking the dead body of his mother, Nangia Hembrom and gave information that on 17.10.88 at about 5 P.M. the village Pradhan, Siru Hembrom (appellant) had gone to his home to assault his mother. The informant, his brother and his brother's wife had gone to bring wood towards the hill. His mother Nangia Hembrom had gone to the house of Ram Tudu, PW -4 for bringing paddy. At the home only Sona Marandi, PW -7, wife of the informant, was present. The appellant informed her that his wife is not recovering from her illness even after treatment only due to witchcraft practised on her by Nangia Hembrom. The appellant took a Sabal from the house of the informant and went to the house of Ram Tudu in search of Nangia Hembrom. Nangia Hembrom was found sitting on a cot in the courtyard of the house of Ram Tudu, PW -4. This appellant threw the Saba/ and picked up an axe which was kept there and assaulted with blunt portion of the Tangi on her head below the right ear and above the left eye resulting the death of Nangia Hembrom instantaneously. The alleged occurrence was witnessed by the villager, Lakhinder Tudu and Nagia Hembrom, wife of PW -4, Ram Tudu. The alleged occurrence took place in the house of Ram Tudu, PW -4, where Nangia Hembrom had gone to bring paddy. In his home his wife, PW -1, Nagia Hembrom and Lakhinder Tudu (since deceased) were present. Thus the eye -witness is only PW -1, Nagia Hembram. She has deposed that in her home, mother of the informant, Lal Murmu, had gone to collect Bhadai paddy. At that time Siru Hembrom went there with an iron sabal. He kept the sabal and picked up a Tangi and assaulted the mother of Lal Murmu. This witness, PW -1, Nagia Hembram, fled away from her home as Nangia Hembrom, mother of the informant had died. She has deposed that the witness, Lakhindra Tudu was also murdered. She has no knowledge as to whether the deceased was known as Daine in the village. Nangia Hembrom (deceased) was the daughter of the maternal uncle of this witness, Nagia Hembrom. Siru Hembrom assaulted the mother of Lal Murmu without any altercation but she could not see Siru Hembrom assaulting on her person, Para -5.

(3.) PW -5, Dr. Rajiv Kumar Verma, conducted the postmortem examination on the dead body of Nangia Hembrom on 18.10.88 at 3 P.M. and found the following ante mortem injuries on her person : -