PARMESHWAR KOL Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) APPELLANTS in both the Criminal Appeals have been convicted under Sections 302/149 of the Indian Penal Code and sentenced to undergo R.I. for life. They have also been convicted under Section 452 of the IPC, Appellants Kaila Kol and Bhageshwar Kol (in Cr. Appeal No. 308 of 1995) were further convicted under Section 148 of the IPC and further the rest three appellants (in Cr. Appeal No. 278 of 1995) were convicted under Section 147 and 323, IPC. Appellant Bhageshwar Kol was further convicted under Section 326 of the IPC. However, no separate sentence was passed against the appellants under Sections 147, 323, 552 and 326, IPC. Both these Criminal Appeals arise out of the same order of conviction and sentence dated 1.9.1995 passed in Sessions Trial No. 4 of 1993 by 3rd Additional sessions Judge, Deoghar. Hence both these appeals are being disposed of by a common judgment by this Court.

(2.) THE basis of the prosecution case is the fardbeyan (Ext. 6) of Etwari Kol recorded on 25.4.1992 at 12.30 p.m. at village Suthania, Police Station Mohanpur by ASI, R.P. Singh of Mohanpur Police Station. Informant Etwari Kol has alleged that at 9.00 a.m. on 25.4.1992 he was returning his home from Chaupal and reached near his village, then appellants Ramchandra Kol (since dead during pendency of Cr. Appeal No. 278 of 1995), Parmeshwar Kol, Bariar Kol, Huro Kol (all in Cr. appeal No. 278 of 1995) Kaila Kol, Bhageshwar Kol (both in Cr. Appeal No. 308 of 1995) and Regha Kol (since dead during pendency of Cr. Appeal No. 278 of 1995), all armed with lathi, whereas Bhageshwar Kol and Kaila Kol armed with sabol, surrounded him and started assaulting him. Informant raised alarm to save him and went to Kadru Mahto. Sharvan Mahto and Fakir Mahto, all of village Mahtoiendih, who were going for their works. They asked the appellants not to assault Etwari Kol, rather settle their differences in consultation with each other. Even then, they assaulted informant Etwari Kol with lathi and sabal Informant fell down on being injured who was dragged and thrown on the road. They went to his house and assaulted his wife (PW 2) Topaii Debi with lathi and sabal causing bleeding injury to her. The reason of the alleged occurrence was alleged that in the night of 23.4.1992 wife of appellant Bhageshwar Kol was stung by scorption who died on 24.4.1992 at about 12.00 noon. The appellants called Topaii Debi, wife of the informant, as an exorcist who played witchcraft on the wife of Bhageshwar Kol resulting her death.

(3.) THE prosecution has examined 7 witnesses in order to bring home the charges levelled against the accused persons. PW 1 Peru Kol is the son of the deceased. PW 2 Topaii Debi is the injured wife of the deceased. PW 5 Birni Debi is the daughter -in -law of the deceased. PW 3 Dr. Ashok Kumar Chatterjee conducted the post mortem examination on the dead body of the informant Etwari Kol (who died on 25.4.1992 itself at night) and prepared post mortem report (Ext. 2) PW 4, Dr. Roza Minz examined injured Topaii Debi (PW 2 wife of the deceased on 25.4.1992 at 5.35 p.m. and issued injury report (Ext. 3) PW 6 Raghu - nath Rai is a formal witness who proved formal FIR (Ext. 4) and PW 7 Ram Pravesh Singh is the I.O. of the case.