DAMU PURTY Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) ALL the three appellants have preferred this appeal against the judgment and order of conviction and sentence dated 28th November, 1989, passed by Smt. Shakuntala Sinha, 2nd Additional Sessions Judge, Singhbhum at Chaibasa, in Sessions Trial No. 401 of 1987. whereby and whereunder, each of them have been convicted under Section 302/34 and Section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Section 302/34 of the Indian Penal Code and further to pay fine of Rs. 1000/ - each, in default whereof to undergo simple imprisonment of six months. They have further been sentenced to undergo rigorous imprisonment for seven years for the offence punishable under Section 201 of the Indian Penal Code. However, both the sentences have been directed to run concurrently.

(2.) THE prosecution case, as per the information given by the informant Govind Chandra Purty, is that on 29.8.1987 in the evening at about 7.00 p.m. he was returning to his home Chaibasa. On his way he met Budhram Jamuda of Village - Nugri, who informed that Vishnu Tamaria was murdered by Damu Purty (Sarpanch), Selai Purty and Antu Purty in the night of 28.8.1987 at about 11.00 p.m and the dead body was buried in a field of Village -Narsanda. Ex. M.P. Moran Singh Purty (PW 8), Kuwar Tamaria and Dakhin Tamaria also informed the informant that on 28.8.1989 (Friday) at about 10.00 p.m. Vishnu Tamaria (deceased) had picked up a quarrel with Bagun Tamaria. Bagun Tamaria reported about that quarrel to Sarpanch (appellant Damu Purty) at that very night. On getting information, Sarpanch Damu Purty, Selai Purty and Antu Purty went to the house of Vishnu Tamaria and brought him to the house of the Sarpanch Damu Purty. All the three appellants caused murder of Vishnu Tamaria by assaulting him and thereafter, they buried the dead body in the ridge of the field of Village Narsanda. On the basis of the information (Ext. 3), given by the informant, a case was registered against all the three appellants. The learned trial Court besides the circumstantial evidence, as there is no eye -witness in respect of assaulting Vishnu Tamaria till his death, also considered the confessional statement, made by the accused persons (appellants) before the Village Manki and Munda (PWs 3 and 4), leading towards recovery of the dead -body as also Lathi, which was used to cause murder of Vishnu Tamaria, supported by the witnesses PW 8 Moran Singh Purty (Ex. M.P.) and the evidence of the doctor, who conducted the post -mortem examination.

(3.) THESE witnesses have stated that Bagun Tamaria was given fists blows by the deceased, who had gone to intervene the quarrel in between Ganesh Tuti alias Gone (PW 4) and his son deceased Vishnu Tamaria. He (Bagun Tamaria) informed the Sarpanch Damu Purty whereupon the Sarpanch along with Selai Purty and Antu Purty, who are related with each other, brought Vishnu Tamaria to the house of Sarpanch Damu Purty, roping him, and they assaulted him in the Angan till he died. Thereafter, his dead -body was buried in a ridge of the field of Damu Purty itself. PW 2 who is the wife of Damu Purty (appellant) has given a go by to her earlier statement, made before the I.O., only because she is the wife of Damu Purty and she did not dare to depose against her husband to send him jail on conviction. Thus the genesis of the alleged occurrence has well been proved by the prosecution.