CHUMBRU DORAIBURU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 20.03.2004 and order of sentence dated 24.03.2004 passed by the then learned Sessions Judge, West Singhbhum at Chaibasa in Sessions Trial No. 87 of 2003 whereby and whereunder the court having found the appellants guilty for committing murder of Rangia Doraiburu convicted them for the offence punishable under Section 302/34 of the Indian Penal Code and sentenced them to undergo imprisonment for life.

(2.) THE case of the prosecution is that in the night of 22.12.2002 the informant Raghunath Doraiburu (P.W.1) while was sleeping in his house along with his wife Chundri Doraiburu (P.W.2) and children, woke up after hearing noise coming from the courtyard and came to courtyard, where he saw these two appellants assaulting Rangia Doraiburu, who after being assaulted was pushed inside a room where both of them also threw the Bhujali and knife. After some time, when the accused persons fled away, he came to that room and found the Rangia Doraiburu dead. On the next morning i.e. 23.12.2002 at about 7.00 a.m., both the appellants again came and asked as to whether Rangia Doraiburu has died or is still alive. They entered into the room and when found Rangia Doraiburu dead, they went away.

(3.) MEANWHILE , the I.O. (P.W.8) also seized knife and Bhujali under seizure list (Ext.6) from the room where the dead body was lying. At the same time, the I.O. also seized earth smeared with blood. After completion of investigation, the police submitted charge sheet upon which cognizance of the offence was taken. When the case was committed to the court of Sessions, the appellants were put on trial during which prosecution examined eight witnesses. Of them, P.W.3 - Bharat Dasbeya, P.W.4 Sulubh Doraiburu are the witnesses to the seizure. P.W.3 and also P.W.5 are the witnesses to the inquest. P.W.6 is a heresay witness who derived knowledge about the occurrence from P.W.1. P.W.1 Raghunath Doraiburu is the informant, who testified in the same manner as he had made statement in his fardbeyan. P.W.2 the wife of P.W.1 also testified that it were the appellants who killed the deceased. After closure of the prosecution case, when the incriminating material appearing against the appellants was put to them under Section 313 of the Code of Criminal Procedure, the appellants denied it. Thereupon, the court having placed its reliance on the testimony of P.W.1 as well as P.W.2 getting corroboration from the medical evidence did record the order of conviction and sentence against the appellants, which is under challenge.