BANDHAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appellants have preferred this appeal against the order of conviction and sentence dated 25.3.91 passed by Smt. Shakuntala Sinha, 7th Addl. Judicial Commissioner, Ranchi whereby and whereunder they have been convicted under Sections 302/34 and 201/ 34, IPC, sentencing them to go R.I. for life and to pay fine of Rs. 1,000/ - each under section 302/34, IPC and in default of fine to undergo R.I. for three months and to go R.I. for three years for the offences punishable under Section 201/34, IPC, directing that both the sentences in each count in respect of each convict shall run concurrently.

(2.) THE prosecution case as per the FIR, Ext.2, recorded on the statement of the informant, Ratni Devi, PW -4, on 2.11.89 at about 1 A.M. is that on 31.10.89 at village Nachiatu, the informant, Ratni Devi, alongwith her husband was thrashing the paddy at 3 P.M. near her house. At that time both the appellants, Bandhan Mahto and Hauwa Mahli went there and took her husband, Karma Oraon for going to Dungdung Market to enjoy by eating and drinking. Her husband went alongwith both these appellants but he did not return home at night. Then in the next morning the informant went to the house of both the appellants and inquired about her husband. Both the appellants were also not present in their respective houses. The family members of their houses informed that they had no knowledge as to where they had gone. She searched in the nearby villages and reached Kumba Tali. She met Mangal Munda, PW -6, of village Kuruhutu. He informed that towards North on the railway line at Basti Chete a dead body was lying. He asked the informant to go and see the dead body. The informant alongwith her Gotni, Singi Orain, PW -7, went to the railway line and saw the dead body of her husband ,cut into two parts. The upper portion was lying towards North and the rest portion below waist was lying in between the railway lines. She did not find any blood -stain at the place or nearby. Both Ratni and her Gotni, Singi, went to the village and informed the villagers. The villagers went and saw the dead body of Karma Oraon lying on the railway line. Thereafter she went to Police Station where her statement was recorded on which she and witness, Lakhwa Oraon, PW -3, signed, Exts. 1/2 and 1/3 respectively. She has alleged that due to enmity and differences both the appellants took her husband, Karma Oraon alluring to eat and drink and caused his murder. Thereafter the dead body was laid on the railway line resulting separation of the dead body into two parts.

(3.) THE alleged occurrence took place in between 31.10.89 and 1.11.89. The place of occurrence and the time of the alleged murder is not known to the informant or any prosecution witness. In this case the I.O. has not been examined. As per the FIR, Ext.2, there is no eye -witness of the alleged murder and putting the dead body of Karma Oraon on the railway line near village Chete. PW -4, Ratni Devi, who is the informant of this case, is the wife of the deceased, Karma Oraon. PW -4 was thrashing paddy alongwith her husband in the evening at 3 P.M. At that time both the appellants took her husband to Bazar to eat and drink. Her husband went along with both the appellants. But he did not return home. She alongwith PW -7, Singi Orain, went in search of Karma Oraon. She did not find both the appellants in their respective homes. They were informed in course of search by Mangal Munda, PW -6, that a dead body was on the railway line. He asked them to see the dead body. The informant, PW -4, and her Gotni, PW -7, went there and saw the dead body of her husband, Karma Oraon, which was cut in two pieces. The lower portion from the waist was in between the railway lines and the upper portion from the waist was outside the railway line. She came to the village and informed the villagers, PW -1, Charu Oraon, PW -3, Lakhwa Oraon PW -5 Chadra Oraon. The villagers went there and saw the dead body. PW -1, PW -3 and PW -5 had stated that they were informed about the dead body of Karma Oraon lying on the railway track near the village Chete. They have also stated that PW -4, Ratni Devi, had informed them that she and her husband were thrashing paddy in a nearby Khalihan of their homes at about 3 P.M. then both the appellants took her husband to eat and drink to Dungdung Market. Thereafter the dead body of her husband was found on the railway track. PW -1, Charu Oraon, had also gone to the Police Station alongwith the informant, Ratni Devi where her statement was recorded on which he gave his L.T.1. PW -3, Lakhwa Oraon, had also corroborated the statement of PW -1 who had also gone to the Police Station alongwith the informant and PW -1. He also signed on the FIR, Ext. 1/1. PW -6, Mangal Munda, was going to sow the paddy in his field crossing the railway line where he saw one dead body lying there. He did not go near the dead body rather when he was returning home after sowing the paddy seeds then, he met Ratni Devi (informant), PW -4 and one woman whom he informed that go and see the dead body which was lying on the railway track. PW -7, Singi Orain, has been declared hostile only because she has deposed that the informant, PW -4, had not named the assailants who caused the murder of her husband. However, she has admitted that she had gone in search of Karma Oraon alongwith PW -4, Ratni Devi. In para -4 she has stated that in course of search of Karma Oraon alongwith PW -4, she met on their way one man whose name she could not remember who informed that one buffalo was lying on the railway line. When she and Ratni Devi went there they saw the dead body of Karma Oraon which was cut into two parts. The upper portion from the waist was outside the railway line and the other half portion was in between the railway ,lines. Both of them returned home and informed the villagers. The villagers went and saw the dead body. When the matter was informed to the Police on 2.11.89 then the I.O. went to the railway line which was near the village Chete Basti on the same day at about 6 A.M. and prepared the inquest report in his pen and signature, Ext. 3, on which PW -2, and PW -3 Lakhwa Oraon signed, Exts. 1 and 1/3 respectively.