HARI DADA SINGH MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal, has been preferred against the judgment and order of conviction and sentence dated 23.2.1999, and 25.2.1999 respectively, passed by Sri. P.K. Jha, learned 7th Additional Judicial Commissioner, Ranchi, in Sessions Trial No. 271 of 1988, arising out of Tamar P.S. Case No. 54 of 1986 (G.R No. 408 of 1986), whereby and whereunder, the appellants were convicted and sentenced to undergo rigorous imprisonment for life for the offence under Sec.302/149 of the Indian Penal Code.

(2.) THE prosecution case is based on the fardbeyan of the informant Sadhu Munda (PW 4), recorded by S.N. Pandey, S.I. of Tamar Police Station at Village Jhargaon on 4.11.1986 at 11.00 a. m. The informant has alleged that on the previous day i.e. 3.11.1986 in between 7.00 to 8.00 p.m. he along with deceased Ram Singh Munda had gone to attend the feast to his friend 's home Sohan Kumhar on the occasion of Dipawali, After taking their feast, they were returning home and reached near the house of appellant Hari Pado Munda. At that time all the appellants, namely, Gandharv Singh Munda, Jiwan Singh Munda, Hari Pado Singh Munda, Bengali Munda and Doma Munda, all of the same village, who had concealed themselves in a straw thatched hut near the Pakur tree, came out, armed with Jarsa and restrained them, asking them as to who are they. When the informant and his brother Ram Singh Munda did not reply, an altercation took place. The appellants assaulted Ram Singh Munda with Jarsa and axe on his head, due to which Ram Singh Munda became injured and fell down. The Informant escaped, went to his village and informed Gangadhar Singh Munda (PW 1), Jagarnath Singh Munda (PW 2) and Fanibhushan Singh Munda that all these appellants were assaulting Ram Singh Munda. When all these four witnesses went there, they saw the appellants fleeing away, leaving Ram Singh Munda in injured condition, who had died. The appellants had threatened the informant and others and hence at night, they did not inform the police rather on the next morning on 4.11.1986 chaukidar Ram Charan Mahto went to the police station and informed the police. When the police came to the village, the Jardbeyan of the informant was recorded at 1 LOO a.m. in presence Phanibhushan Singh Munda (PW 3).

(3.) THE prosecution case is based on the statement of single eye -witness Sadhu Munda, who is brother of the deceased Ram Singh Munda. The other three witnesses i.e. Gangadhar Singh Munda (PW 1), Janardan Singh Munda (PW 2) and Fanibhushan Singh Munda (PW 3), on being informed by PW 4, went to the place of occurrence and claimed to have seen the appellants fleeing away in the torch light, flashed by the appellant Gandharv Singh Munda. They also saw Ram Singh Munda dead in injured condition ina pool of blood. Dr. Tulsi Mahto (PW 5) had conducted the autopsy on the dead body of Ram Singh Munda and post mortem report (Ext. 1) has been prepared in his pen and signature. PW 6, another doctor P.K. Srivastava, has claimed that the post mortem examination was conducted by PW 5, Dr. Tulsi Mahto. The learned 7th Additional Judicial Commissioner, Ranchi, has relied the evidence of PW 4, the informant, who is the only eye -witness, holding that the other three witnesses i.e. PWs 1, 2 and 3 also saw the appellants fleeing away from the place of occurrence and the evidence regarding manner of assault, as deposed by PW 4, finds corroborated by the medical evidence of the doctor (PW 5). Relying their evidence, the learned Court below convicted these appellants and sentenced them thereunder.