KOKA SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE appellants, who stand convicted for the offences under Sections 302/34 and 201, IPC on trial and were sentenced to undergo R.I. for life and 7 years respectively, have preferred this appeal against the aforesaid conviction and sentence.

(2.) DASHRATH Sao, PW 5, had lodged the FIR. Ext. 3, on 6.2.1985 at 10.00 a.m. stating therein that on the previous day at about 9.00 p.m. in the night, when he was taking his rneal in his house then all of a sudden his father (deceased) started crying from the lane adjoining west to his house. On his cries, the informant, his wife, Munua Devi, PW 1, his mother Bhutki Sahuwain, PW 3, younger sisters Meena Kumari. PW 2, and Nersha. PW 4, came out of the house running and saw that in the adjoining western lane of the house, Ghuran Sao armed with Tangi, Shankar Sao armed with Tangi, Koka Sao armed with Churi and Tulsi Sao armed with Mungra were assaulting his father. In their presence Ghuran Sao. Shankar Sao assaulted on the head of his father. His father being badly injured fell down on the ground and after that Koka Sao. Tulsi Sao were assaulting him by kudal and mungra, then the informants mother and sisters and wife moved forward to surround him, then the assailants run towards them to assault and Ghuran Sao even caught and pulled the shirt of the informant and started telling that he should also be assaulted and killed. Then the informant by giving a jerk released himself, but it resulted in tearing the shirt of the informant and he has also received certain blood splashes which was oozing from his father and out of fear, they did not go very close to the assailants and stood at a certain distance. All the four persons carried the body of his father after assaulting (MARKAR) (this term means both after assaulting or after killing) and threw it into a common well and then fled away. On alarm the villagers namely Rajendra Sao, PW 7, Bhutka Mahato, PW 9, Baleshwar Singh (not examined) and many other villagers came there running and with their help and with the help of net (chhalni) rope, they brought out the dead body of his father from the well and then it was carried to his home on the southern verandah of his house and the dead body was there in that veranda (when the FIR was being lodged) and the inmate of his house were taking care of it. In the night, because of fear, he eould not go to the PS and consequently, on that date, he came to the PS with the chaukidars Balka Oraon and Sarge Oraon and has got his statements recorded. The FIR bears his signature, Ext. 1.

(3.) IT transpires that after recording the FIR, the inquest report marked Ext. 4 was prepared by one S.N. Singh, I.O. of the case, which has been proved by a constable, PW 10. The maker of the inquest report has not turned up before the court. This inquest report has been marked without objection and this shows that the dead body was found from the southern verandah of the house of the informant lying on the ground flat. Both legs were slightly bent near knees and right hand was also bent on the left side of the rib. Incised wounds were also on the right side, Panjra scratches with some blood stains on the right hand near elbow and above two injuries were apparently by sharp cutting weapons. In the elbow, some blood marks which were apparently wounds, both legs fractured near knees and in the left leg near knee, there were some blood stains. On the back, there were some swelling, a gamcha was also found wrapped around the dead body having blood stains, it also transpires that the blood stained soil was seized from near the well, vide Ext. 9. Then it appears that the post -mortem over the dead body was done by PW 6, Renu Bala, who also proved the post -mortem report and found the following injuries : - -