SUKHI RAM LOHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Sukhi Ram Lohar has preferred this Jail Appeal against the judgment and order of conviction and sentence dated 27/05/1997, passed by the learned Additional Sessions Judge, Seraikella, in Sessions Trial No. 85 of 1993, arising out of G.R. No. 331 of 1992, whereby and whereunder, he has been convicted for the offence under Section 302 of the Indian Penal Code and sentence to undergo imprisonment for life.

(2.) The prosecution case has arisen on the basis of the Fard-beyan (Ext. 2) of the, informant Baishakhi Devi (PW-1), wife of deceased Kanta Lohar, recorded on 8-6-1992 at 10:00 hours at Village-Udaipur, P. S. Gamharia, by R. N. Sinha, A.S.I. of Gamharia Police Station, wherein, the informant has alleged that she was sleeping on her courtyard along with her husband and children in the night of 7-6-1,992 at Village-Udaipur, Police Station-Gamharia, District-West Singhbhum. At about 11.00 p.m. in the night she heard the cry of her husband and woke up. She saw this appellant assaulting on the head of her husband, resulting his death. She awakened Sajni Loharin (PW-4), who was also sleeping in the courtyard and both of them tried to lift Karita Lohar but he had already died. The alleged murder occurred due to the differences regarding Babool tree and landed properties.

(3.) The prosecution in support of its case has examined altogether nine witnesses to bring home the charges, levelled against the appellant. PW-1 Baishakhi Loharin is the only eye-witness, who was sleeping in her courtyard along with her husband (deceased) and children. PW-2 Putu Lohar, cousin brother of the deceased, is a hearsay witness, who was informed by PW-3 Arun Lohar and PW-6 Shikar Manjhi that this appellant murdered Kanta Lohar, PW-2 is a seizure list witness and is also a witness on the inquest report. PW-3 Arun Lohar and PW-6 Shikar Manjhi have denied to have informed PW-2 about the Occurrence and both of them have been declared hostile by the prosecution, although PW-3 is the cousin brother of the deceased, PW-4 Sajni Loharin, wife of PW-3 Arun Lohar, is a tendered witness. PW-5 Ghasi Ram Lohar is a seizure list witness in respect to the seized axe and blood stained soil. PW-7 Ram Narayan Sinha is the Investigating Officer and PW-9 is Dr. Yogendra Nath, who has Conducted the postmortem examination on the dead body of Kanta Lohar. PW-8 Surendra Nath Mahto is another tendered witness, who is Mukhiya of the village. The appellant has not examined any witness. The only plea taken by him is that he is innocent and has been falsely implicated in this case, as the lady (informant) herself is a lady of questionable conduct. She used to flee away without informing her husband frequently and there was quarrel in between them. The learned Additional Sessions Judge, Seraikella, relied the evidence of the informant and extra-ju- dicial confession, made by this appellant before PW-3 Arun Lohar and PW-6 Shikar Manjhi as also the ocular evidence! of PW-1, corroborated by Dr. Yogendra Nath' (PW-9). the I.O. seized the blood stained axe, which was' found at the place of occurrence and prepared seizure list (Ext. 5) oh which Putu Lohar (PW-2) and Ghasi Ram Lohar (PW-5) had signed (Exts. 1/1 and 1/2). They have also signed 6n the seizure list of seized blood stained soil from the place of occurrence (Ext. 5) on which both the witnesses i.'e. Putu Lohar) and Ghasi Ram Lohar have signed (Exts: 1/3 and 1/4) The inquest report (Ext. 4) was also prepared "by the I;O. (PW-7), which was found outside the house of the informant at Village-Udaipur on the next morning l.e. 8-6-1992 on which also Putu Lohar (PW-2) and Arun Lohar (PW-3) have signed (Exts. 5 and 6 respectively). The Post Mortem Report (Ext.6) was prepared by PW- 9 Dr. Yogendra Nath. The learned Court below on the basis of these evidence on record convicted the appellant for the offence under Section 302 of the Indian Penal Code and sentenced him thereunder