RAGHNU MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BOTH the appellants were charged with for offences under Sections 302/34 of the Indian Penal Code for causing the death of Kishore Singh Rawani on 28.2.1992 and were sentenced by the trial court to suffer imprisonment for life.

(2.) THE deceased Kishore Singh Rawani was the husband of the informant Gayatri Devi (PW3). The case, as unfolded by her, is that on 28.2.1992 at 5.00 p.m. a quarrel ensued between her minor son Bhanu, aged six years, with Bahadur Munda son of his neighbour Raghnu Munda (appellant) on account of the injury which the later had sustained when the informant 'sson pelted stones at a tree. The quarrel between the children soon led to a fracas between the female members of both the houses Raghuni Munda intervened and he too indulged in abuses against the informant (PW3) and left the place giving out threats that he would soon take revenge. Later at about 6.00 pm. while the deceased Kishore Singh was returning home, he was accosted and restrained by both the appellants in front of their house. After restraining him, the appellant Raghuni held him while the appellant Ghunghru Munda whipped out a knife and inflicted a knife blow causing injury on the neck and also on the right side of the chest of the victim rendering him unconscious. The victim was picked up from the place where he had fallen on the ground and was taken to Hospital where he was declared dead. The matter was informed to the Police. The case was investigated by PW6 (Udai Narain Singh) who visited the place of occurrence, prepared the inquest report pertaining to the dead body of the deceased and forwarded the same to the hospital for post mortem examination. The post mortem examination on the dead body of the deceased was conducted on 29.2.1992 at RMCH, Ranchi by PW. 2 who found the following injuries: Stab wound measuring 1 3/4x 1cm on the right side of the neck situated 5 cm right to midline and 3 cms above the right clavicle. The wound had passed through the soft tissues cutting the vessels of the right side of the neck and entered into the right chest cavity underneath the right clavicle and entered into the right lung. He found presence of blood clot in the right chest. The doctor had opined that the above injuries were ante mortem caused by a sharp cutting weapon and death was due to shock and haemorrhage on account of the above injury which had occurred within 12 -36 hours prior to the time of the post mortem examination. As many as six witnesses including the informant (PW3) were examined by the prosecution at the trial. The trial court relying upon the evidence of the informant (PW3) and that of her minor son PW1 and also on the evidence of the Doctor and the investigating officer, recorded its finding of guilt and convicted the appellants for offences under Sec.302/34 IPC.

(3.) LEARNED counsel for the State, on the other hand, while defending the judgment of conviction and sentence, submits that the evidence of PW1 and 3 read together are fully consistent and that the possibility of PW3 witnessing the occurrence cannot be ruled out merely on the ground that PW1 slated that she was not present at the place of occurrence at the time when his father was assaulted. Learned counsel explains that it is in the evidence of PW3 that just prior to the occurrence while she was standing in front of the house that she saw her husband approaching that the appellants intercepted him in front of their house which according to the investigating officer, PW6, is at a distance of 20 -25 yards from the informants house. Learned counsel explains further that the informant could see the occurrence from the distance and on seeing the assault, she and some villagers rushed to the place of occurrence and by the time they arrived at the place of occurrence, the assailant had fled away.