LAWS(JHAR)-2006-5-24

JOGO PAHAN Vs. STATE OF BIHAR NOW JHARKHAND

Decided On May 10, 2006
JOGO PAHAN Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Jogo Pahan, Mangal @ Suku Pahan and Gopal Pahan were arrayed as A3, A2 and Al respectively before the trial Judge for facing a charge under sections 302/34 and 201 IPC. In the judgment the appellants will be referred as Al to A3, in that order, as they were arrayed before the trial Court. The allegation against the appellants is that at 10.00 P.M. on 17-1-87 they inflicted injuries, on Ganesh Singh Munda with lathi and that on account of the said injuries, he died. The further allegation against the appellants is that in order to screen the offence they dragged the dead body from the place where he was initially beaten with lathi and the body was left near the National High Way. The trial Judge, finding the appellants guilty, as charged, sentenced each one of them to imprisonment for life under section 302/34 I.P.C. The trial Judge, though found the appellants guilty u/s 201 I.P.C., did not specifically mention the sentence in the judgment.

(2.) The case of the prosecution is that the deceased Ganesh Singh Munda is the brother of P.W. 1, Dukhan Singh Munda. On 17-1-1987 at about 7.00 A.M. the deceased went to the house of Jogo Pahan (A3). The deceased did not return home. P.W. 1 went in search of his brother but could not find him. At about 1.00 A.M. on hearing some cries he went to the place from where the cries were emanating. P.W. 1 found Al to A3 assaulting the deceased Ganesh Singh Munda with lathi. P.W. 1 and P.W. 2 were present to witness the assault. They went back to the village to bring the villagers to the scene of occurrence; but as the villagers had taken drinks they could not be brought to the scene, as the villagers were fast asleep. P.W. 1 and P.W. 2 returned to the scene on the morning of 18-1 -1987. They did not find the dead body of Ganesh Singh Munda. They went in search of the dead body and ultimately they found it near the boundary of Kasampusdih village adjacent to the National High Way. P.W. 1, thereafter, gave (Ext.1) the fardbeyan at 6.00 P.M. on 18-1-1987 to G.N. Pandey, the Sub-Inspector attached to Tamar Police Station on the day on which the crime was registered. P.W. 8 took up investigation in the crime and prepared inquest report and sent the body for post mortem.

(3.) On receipt of the requisition and the dead body P.W. 6, Dr. D. K. Dhiraj, conducted post mortem examination and found three bruises, one over the left shoulder, another over front of the left side of chest and neck and third in the middle of front of right leg. The doctor also found multiple number of bruises on the front portion of the chest and on the lower abdomen and also over the left side of the back of chest. Diffused contusion of both upper arms on outer aspect and the right shoulder area were also found. Doctor noticed fracture of lower jaw and injury on the right leg. He issued (Ext. 4) the post mortem certificate with his opinion that death is on account of injuries, which would have been caused by blunt and hard substance.