SANTOSH TIU Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment and order of conviction and sentence dated 29/1/1996 and 30/1/1996 respectively, passed by the learned Sessions Judge. Singhbhum West, Chaibasa in Sessions Trial No. 33 of 1989 convicting both the appellants under Sections 302/34 and 201/34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life under Sections 302/34 of the Indian Penal Code. However, no separate sentence was passed under Sections 201/34 of the Indian Penal Code.

(2.) The prosecution case as per the fardbeyan of the informant Mohan Lal Tiu (PW 1), is that in the night of 16/8/1988 at about 10.00 p.m. he (the informant) and his wife Saraswati Tiu (PW 5) had slept inside the room. On the varandah, his mother Radha Tiu and sister Sumitra Tiu (both deceased) were sleeping on a Khat towards west of varandah. On the same varandah towards eastern portion his Mama Saluka Khandegeya (PW 4) was also sleeping on a Khat, in a drunken state as he had taken excess Haria on that day. The door of the room in which the infonnant and his wife were sleeping was slightly open. At about 11.30 p.m. he heard the cry of his mother and sister. He lit the Diya and in the light of Diya through the slightly opened door, he saw that his mother and sister were being taken away by force by some persons. He identified in the light of Diya both the appellants namely Suresh Tiu and Santosh Tiu. As the light of the Diya was dim hence he could not identify the other persons. Out of fear, he did not come out of his room. He remained inside his home and raised hulla of Chor-Chor. After sometimes he carrie out of his home and saw that Suresh Tiu and Santosh Tiu alongwith others had already taken away his mother and sister. The informant went to his Mama Saluka Khandegeya PW4 and awoke him. He also went to the neighbourers home awoke them, brought them to his home and narrated the story. He alongwith his Mama and villagers Mangra Tiu and Harish Sawaiya went in search of his mother and sister, but at night they failed to trace them out and returned home. On the next morning on 17/8/1988 at about 6.00 a.m. again he went in search of his mother and sister alongwith his Mama and villagers. They found the dead body of his mother Radha Tiu at Horlo village near Jatra Gutu, in a field. There were injuries on her head with oozed blood. At a distance of 1 Km. away they found the dead body of Sumitra Tiu. She had also sustained piercing like injury near her mouth and her neck was tied with a rope. He asked his Mama PW 4 to watch the dead bodies. He went to inform his elder brother Bikram Tiu PW 3 who was in service at Tata Nagar. He came with his elder brother Bikram Tiu and by that time the police had also arrived at the place of occurrence. The informant gave fardbeyan to the police. He has alleged that about 1 and 1/2 month ago on 9/7/1988 both these appellants had come to his home and were calling his mother and sister to be Dians (Witch) and had picked up a quarrel and had threatened to kill them.

(3.) Both the appellants were charged under Sections 302/34 as also 201/34 of the Indian Penal Code, to which they placed not guilty. In course of their examination also, there is total denial of their involvement in causing murder of the mother and sister of the informant.