KANDEY HEMBROM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant, Kandey Hembrom having been convicted u/S. 302 of the I.P.C. and sentenced to undergo Rigorous Imprisonment for life for committing murder of three innocent minor girls, namely, Sukru Kui (aged about 8 years), daughter of Sanika Munda, Budhani Kui (aged about 9 years), daughter of Hesel Munda and Sukru Kui (aged about 6 years), daughter of Soma Munda, have challenged the judgment dated 6th June, 1994 passed by learned 4th Additional Sessions Judge, West Singhbhum at Chaibasa in Sessions Trial No. 157 of 1992.

(2.) The prosecution case as per fardbeyan of informant, Sanika Munda (PW-1) is that on 20th September, 1991 (Friday) when he was working in his field, in between 4 to 5 P.M., Chara Purty of his village came to him and asked him to return to his house as everything was not good. When he (PW-1) rushed and reached his house, his wife, Jambi Kui informed that the accused, Kandey Hembrom son of Surjan Hembrom of village Durdurda had inflicted knife blows on her minor daughter, Sukru Kui as a resuit of which Sukru Kui died on the spot. When he examined his daughter (Sukru Kui), found knife injury in her abdomen and dead. His (informant's) aunt (Fufu), who was present in the house, narrated him the incident and told that the accused, Kandey Hembrom dragged his daughter and Budhani Kui, daughter of Hesel Munda outside the house and inflicted knife blows on them, as a result of which Sukru Kui died on the spot. In the night, the informant and others could not do anything. In the morning, Hesel Munda took his daughter, Budhani Kui to Chakradharpur Hospital as she was alive. The informant along with Soma Munda and other witnesses reported the matter to the Sarpanch of Bhalupani and narrated the incident. Later on, the informant came to know that the accused, Kandey Hembrom had also inflicted knife injuries on the daughter of Soma Munda, who also died. The people of the village, who gathered there, informed him that the accused, Kandey Hembrom had already been apprehended by his villagers. Later on, the daughter of Hesel Munda also died on the way to Chakradharpur Hospital. Informant also reported that the accused, Kandey Hembrom was cousin of his wife, who regularly used to come to his house and there was no dispute with him. In support of its case, the prosecution examined altogether 15 witnesses. Out of them, PW-6, Somwari Munda (Kui) is the eye-witness of two deceased, whereas PW-8, Chirgi Sirka and PW-9, Sirka Munda are the eye-witnesses of another deceased. PW-10, Lore Singh Munda is a chance witness of the third deceased, who reached immediately after the incidence. PW-1, Sanika Munda (informant) is the father of the deceased No. 1, Sukru Kui (8 years); PW-2, Soma Munda is the father of the 3rd deceased, Sukru Kui (6 years) and PW-3, Hesel Munda is the father of 2nd deceased, Budhani Kui (9 years). All of them are the hearsay witnesses. There are other hearsay witnesses, such as PW-5, Santosh Kumar Dogra, Sarpanch : PW-7. Hardayal Singh and PW-11, Birsa Hembrom. PW-4, Sonika Hansda is the inquest report wintness, PW-12, Champai Purti was tendered by the prosecution. Other important witnesses were PW-13, Dr. Vijay Kumar Singh, who did autopsy on the body of all the three deceased, PW-15, Rabindra Prasad Ambastha was the Investigating Officer.

(3.) Counsel for the appellant made the following submission, as was made before the trial Court :