DHANESHWAR BHUIYA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) APPELLANT -Dhaneshwar Bhuiya was put on trial on the charge of committing murder of Ramesh Bhuiya. The court having found the appellant guilty for the said charge convicted him under Section 302 of Indian Penal Code vide judgment dated 5.10.2004 and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/ - and in default of payment of fine to undergo simple imprisonment for six months. Out of which Rs. 4,000/ - was directed to be paid to the family members of the deceased -Ramesh Bhuiya. The case of the prosecution is that on 6.8.2001 at 10 pm there was verbal altercation in between the appellant -Dhaneshwar Bhuiya and his brother -Munarik Bhuiya, during which both were abusing to each other. Meanwhile, the de -ceased -Ramesh Bhuiya when saw both the brothers indulging themselves in verbal altercation, he intervened by saying to stop fighting as it is night. Upon it, the appellant told the deceased that he is favouring his brother and then he inflicted 'chhura' blow upon Ramesh Bhuiya as a result of which he sustained grievous injury. He was taken to hospital but in the way he died and then the informant -Jatan Bhuiya (P.W. 8) took the dead body to Pratappur Police Station and gave fardbeyan which was recorded by Ramjanak Pathak (P.W. 11) -Officer Incharge of Pratappur Police Station, wherein the informant -Jatan Bhuiya (P.W. 8) narrated about the incident, as has been stated above. On the basis of such fardbeyan, a F.I.R. (Ext. -2) was registered and the case was taken up for investigation during which the Investigating Officer held inquest on the dead body of the deceased and prepared an inquest report (Ext. -P1) and sent the dead body for post mortem examination which was conducted by Dr. Shyam Nandan Singh -P.W. 12 who upon holding autopsy on the dead body of the deceased found the following injuries: - -

(2.) THE doctor issued post mortem examination report (Ext. -P3) with an opinion that the death was caused due to shock and haemorrhage on account of the aforesaid injury caused by sharp object. Meanwhile, the Investigating Officer also recorded the statements of the witnesses.

(3.) DURING trial, the prosecution in order to prove its case examined altogether 12 witnesses. Of them, P.W. 1 -Jhangri Devi, P.W. 2 -Lakhan Bhuiya, P.W. 4 -Suresh Bhuiya, P.W. 5 -Etwar Bhuiya, P.W. 7 -Prayag Bhuiya and P.W. 8 -Jatan Bhuiya -informant claimed themselves to be the eye witnesses, wherein they did testify that while the appellant -Dhaneshwar Bhuiya and Munarik Bhuiya, both brothers, were fighting with each other, the deceased -Ramesh Bhuiya residing in the neighbourhood of the appellant came there and asked the appellant to stop fighting as it is night. Upon it, the appellant stopped fighting with his brother -Munarik Bhuiya but inflicted 'chhura' injury on the abdomen of the deceased -Ramesh Bhuiya who was taken to hospital but in the way he died. P.W. 3 -Baleshwar Bhuiya and P.W. 6 -Karu Bhuiya are the witnesses to the inquest whereas P.W. 10 -Rampati Bhuiya has been declared hostile.