BIRSA AHIR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant Birsa Ahir has challenged the order of conviction and sentence dated 23-12-1989 whereby and whereunder he has been convicted under Section 302/34, IPC and Section 449, IPC and sentenced to undergo R.I. for life under Section 302/34, IPC. However, no separate sentence was passed under Section 449, IPC in Sessions Trial No. 252 of 1988 arising out of G.R. No. 450 of 1988, Palkot PS Case No. 39 of 1988.

(2.) Informant Thuma Oraon (P.W. 9) on 10-8-1988 at 18.30 hours was at his home along with his mother Chumani Oraon. His mother was preparing food, then appellant Birsa Ahir along with another villager Jakariyas Oraon (since dead) went there and abused his mother. They entered into his house, abused her. Jakariyas Oraon abused her that she played witch craft resulting death of his son. Both of them caught hold of hands of Chumani Oraon and took to the village Akhara where a committee was convened. Informant also followed his mother. He saw that both named accused laid down his mother on the Akhara and with stones they crushed her head resulting her death at the spot. The alleged occurrence was witnessed by Domra Oraon (P.W. 4) and other villagers. After causing murder of Chumani, both the accused fled away. Informant has stated that due to illness, son of Jakariyas Oraon had died on previous Thursday. He suspected his mother to be a sorcerist. After framing of charge co-accused Jakariya Oraon died.

(3.) To prove the charge against the sole appellant Birsa Ahir, prosecution produced 12 witnesses. P.W. 9 Thuma Oraon is the informant who only has tried to support his fardbeyan recorded on 11-8-1988 at 11.00 hours at village Bagesara Hari Toll by S.I. A.K. Gupta (P.W. 10), O/C of Palkot P.S The other witnesses P.W. 1 Rajeshwar Pathak is a formal witness who had proved fardbeyan (Ext. 1), P.W. 2 Mannu Ram, another formal witness, has proved formal FIR (Ext. 2); P.W. 3 Rajin Orain saw the dead body of Chumani a Akhara in front of his house in the morning. She is a hostile witness as she deposed that on the alleged date of occurrence, people were dancing at the Akhara throughout the night. P.W. 4 Domra Oraon who has been , mentioned as eyewitness in the fardbeyan of the informant (P.W. 9), is a hostile witness as he did not support the version of P.W. 9. P.W. 5 Hindu Oraon, another hostile witness, saw the dead body of Chumani on the Akhara. He does not know as to who killed her. P.W. 6 Bahidar Oraon also saw the dead body only having no knowledge as to who assaulted and killed her. P.W. 7 Nanhu Kharia, a formal witness and Mukhiya of Bagesara Gram Panchayat, has signed on the inquest report (Ext. 3) prepared by the I.O. P.W. 8 Bisharam Oraon is a tendered witness. P.W. 9 Thuma Oraon is the informant. P.W. 10 Ashok Kumar Gupta is the Investigating Officer. P.W. 11 is Dr. Krishna Prasad who conducted autopsy (Ext. 4) and P.W. 12 is Mitianus Khakha, a formal witness who has proved S.D. Entry (Ext. 5). The learned 1st Additional Sessions Judge, Gumla relied the evidence of sole closely related eyewitness P.W. 9 and opined that P.W. 11 Dr. Krishna Prasad has corroborated the manner of the alleged assault who has found injuries on the dead body ante mortem in nature and the I.O. (P.W. 10) who investigated the case; convicted the appellant and sentenced thereunder.