HIRALAL MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has preferred this appeal against the judgment and order of conviction and sentence dated 21.6.1999 and 23.6.1999 respectively, passed by the learned 3rd Additional Sessions Judge, Hazaribagh, in Sessions Trial No. 305 of 1995, whereby and where - under, he has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment.

(2.) INFORMANT Ramesh Prasad (PW 2) was at his shop, situated in his own house at Village - Sukarigarha (Laari), Police Station -Ramgarh, in his business premises. On that day i.e., 11.1.1995 at 11.15 a.m. he was informed by his cousin brother Ranjit Prasad (PW 9) that his elder brother Rabindra Prasad was murdered at Sauradih by this appellant Hira Lal Munda. He along with his younger brother Umesh Prasad (PW 1) went to village Sauradih where they found the dead body of his elder brother Rabindra Prasad in front of the house of Maha karmali. At that place Gulia Devi (PW 4), Panko Devi (PW 5), Pyaso Devi (PW 8) and Bhano alias Pravatia Devi (PW 7) were also present, who informed that while Rabindra Prasad (deceased) was driving the motorcycle, carrying appellant Hira Lal Munda, on the back seat and reached near the house of Gansu Karmkar at Village -Sauradih, appellant Hira Lal Munda pushed Rabindra Prasad from the motorcycle, who fell down. Appellant tried to catch hold of him but raising alarm to save him, the deceased started fleeing away towards the house of Maha Karmali, on being chased by this appellant. In front of the house of Maha Karmali, on road deceased was caught hold of, who fell down. Thereafter, appellant stabbed him on his chest. Injured Rabindra Prasad also cried. Hearing his cry, many persons assembled there. Kirti Karmali (PW 6) on demand gave water to the injured and thereafter, injured succumbed to his injury. The motorcycle of Rabindra Prasad and hawai chhappal of the accused was found fallen at a distance of 30 yards towards north -west from the dead body near the house of Gansu Karmali. The cause of the alleged occurrence, as disclosed by the informant, is that the appellant Hira Lal Munda had borrowed money from Rabindra Prasad. Rabindra Prasad was demanding repayment of that advance loan which caused annoyance to the appellant, who committed this ghastly act, causing murder only to get rid of the repayment of the loan, advanced to him by the deceased.

(3.) THE prosecution examined altogether eighteen witnesses to substantiate the charges, levelled against this appellant. PW 1 Umesh Prasad and PW 2 Ramesh Prasad, both brothers of the deceased, are hearsay witnesses, who came to know from the villager Ranjeet Prasad (PW 9), who himself is a hearsay witness, who came to know when he heard talks of the persons, assembled at Chitarpur Bus Stand, where he had gone. PW 3 Pancham Sao and PW 3(A) Chandradeo Sao are the independent eye -witnesses. PW 4 Gulia Devi, PW 5 Panko Devi, PW 6 Kirti Karmali, PW 7 Par -vatia Devi and PW 8 Pyaso Devi, were present at the place of occurrence, are the eye -witnesses, before whom the deceased Rabindra Prasad also informed that he was stabbed by this appellant Hira Lal Munda. Although Kirti Karmali (PW 6) gave water to the deceased but all the witnesses, who are females of the village and independent witnesses, have not supported the prosecution case in course of their evidence in Court and hence they have been declared hostile by the prosecution. PW 10 Dr. Niranjan Minj conducted the post -mortem examination on the dead body of Rabindra Prasad. PW 11 Manjoor Khan is a hearsay witness, who has signed on the inquest report, which was prepared in his presence. PW 12 Abhimanyu Tiwary is also a hearsay witness, in whose presence motorcycle of the deceased and hawai chhappal of the appellant were seized from the place of occurrence and seizure list was prepared on which he signed. PW 13 Ram Lagan Sah is another witness in whose presence inquest report was prepared on which he signed. PW 14 Rameshwar Thakur is also a seizure list witness, who has signed on the seizure list. PW 15 Raj Kapoor is the Investigating Officer of this case. PW 16 Moti Ram, a formal witness, has proved the formal First Information Report. PW 17 Dinesh Prasad Singh, constable, has produced the chhura recovered from the well, alleged to have been used by the appellant in stabbing the deceased. PW 18 Baleshwar Sah has proved the confessional statement of the appellant, recorded by the police.