CHARKU KHARIA Vs. STATE

JUDGEMENT

(1.) The five appellants have preferred this appeal against the judgment and order of conviction dated 6-12-1991 passed by learned 1st Additional Sessions Judge, Gumla in Sessions Trial No. 59/91 having found guilty u/s 302/34 of the I. P. C. and sentenced to undergo life imprisonment. The appellant Charku Kharia had also been sentenced to undergo rigorous imprisonment for six months for charges u/s 323 of the I. P. C.

(2.) The case of prosecution in short as explained by informant, Etwa Kharia that on 3-10-1990, he was sitting in his house in village Dirgaon along with his father, Mangra Kharia (deceased) and uncles (brother of deceased) Sullu Kharia (P. W. 5) and Rejwa Kharia (P. W. 7). In the meantime, Karmu Kharia (P. W. 6) of his village who is adhbatai of informant and had cultivated some land came and told them to take their share of the produce which was ready after thrashing and as there was a chance to rain. The informant initially refused to go at that time but Karmu Kharia informed that if they do not go others may take away their shares. In such a situation the informant along with his father, Mangra Kharia (deceased) and the uncle, Bullu Kharia and Rajwa Kharia proceeded for Khalihan. When they reached the Khalihan, the accused, Charku Kharia (A-1), Hirsai Kharia (A-2), Sanichar Kharia (A-3), Malha Kharia (A-4) and Atwa Jema Kharia (A-5) came running with arms. Charku Kharia was armed with a 'Daw' and remaining accused were armed with 'Kulharas (axe). Charku Kharia gave a 'Daw' blow on the head of his father (Mangra Kharia) whereinafter he fell down near Devi Mandap. Having seen such situation, the informant and others (uncles) started to flee away but all the accused persons also chased them. His uncle, Rajwa Kharia (P. W. 7) was also assaulted by Charku Kharia from the blunt edge of 'Daw' on his back and the accused persons thereafter ran away. The informant and his uncle when came near Devi Mandap, saw Mangra Kharia bleeding profusely and was dead. The occurrence was stated to have also been seen by Dukhia Kharia, Panchu Mahto, Khudi Saw (P. W. 8) Sarpanch and others. The motive for committing the murder of deceased is said to be the litigation between the accused and informant's father (deceased) in respect to land which belonged to an old lady, who gifted it to the informant's grand-father as he served the old lady in her old age. The accused persons (appellants herein) alleged to have wanted to grab the land which was the reason of litigation and the cause of death of the informant's father. The informant and one of his uncles went to the police station and lodged F. I. R. It was written by A. S. I. read over to informant whereinafter the informant put his signature. The case was registered u/s. 302 of the I. P. C. and on submission of charge-sheet, the case was committed to the Court of session and trial.

(3.) The prosecution produced altogether nine witnesses. Out of them, Parsu Ram Singh (P. W. 1), Advocate's Clerk is normal witness. Dr. Hemant Kumar (P. W. 2) did post-mortem on the body on 6-10-1990 and submitted report, Rajwa (sic) Bodra (P. W. 7) was the Officer-in-Charge, who investigated the case and the witnesses Karmu Kharia (P. W. 6) and Budhman Kharia (P. W. 9) were tendered. The remaining witnesses, Etwa Kharia (P.W. 4) - informant, Balu Kharia (P. W. 5) Rajwa Kharia (P. W. 7) are eye-witnesses. They are also related to the deceased. The other witness, Khudi Sao (P.W. 8) - Sarpanch is an independent eye witness. On the basis of their statement and other evidence, the Sessions Court convicted the appellants.