JALIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been directed against the judgment of conviction and order of sentence dated 21st December, 2004 and 22nd December, 2004, respectively, passed by learned Additional Sessions Judge, F.T.C., Latehar, in connection with Sessions Case No. 84/1997, corresponding to G.R. Case No. 348 of 1993, arising out of Chandwa P.S. Case No. 61 of 1993, whereby the appellant has been found guilty for the offence punishable under Ss. 302/34, IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/ -, in default of making payment of fine, simple imprisonment for two months. The case of the prosecution, in brief, is that on 21.08.1993, at about 9:00 p.m., informant, who happens to be wife of the deceased -Righan Singh, heard alarm raised by her husband coming out from the house of Jalia alias Jaleshwar Oraon (appellant). She reached to the place and found that appellant and his son have been causing assault to Righan Singh by means of Tangi and small stick (lathi). Thereafter, she rushed to her son and informed him about the occurrence and requested to intervene. Bhola Singh, P.W. 2, son of the informant, did not dare to accompany the informant. Thereafter, the informant went to the house of Chowkidar, but he was also not found. Then, she returned back home and slept during night. On the following morning, Ram Keshwar Oraon informed that dead body of Righan Singh has been lying at a place within village Sikni. The informant went to the place and found her husband Righan lying dead having injuries on his person. Ferdbeyan of Yashoda Devi, P.W. 1 was recorded at 12:30 hours on 22.08.1993 at village Sikni and a case being Chandwa P.S. Case No. 61 of 1993, under Ss. 302/34, IPC was registered.

(2.) The police, after due investigation, submitted charge -sheet against the appellant -Jalia alias Jaleshwar Oraon. The attendance of co -accused Deo Sahai Oraon could not be secured, as a result, only appellant Jalia alias Jaleshwar Oraon was put on trial. To substantiate the charge, prosecution has examined altogether seven witnesses and proved documents. Learned Additional Sessions Judge, F.T.C., placing reliance on the evidence and documents available, held the appellant guilty for the offence punishable under Ss. 302/34, IPC and sentenced him, as indicated above.

(3.) The appellant has assailed the impugned judgment on the ground that Md. Mustakim, P.W. 4 and Jitan Ram, P.W. 7 are the formal witnesses, whereas Phulo Devi -P.W. 5 and Ram Keshwar Oraon P.W. 6, have turned hostile and they have not supported the prosecution case. Doctor Ram Naresh Sharma, P.W. 3 had conducted autopsy on the dead body of Righan and has described the injuries noticed by him at the time of postmortem examination. Bhola Singh, P.W. 2, happens to be son of the deceased, but he is a hearsay witness and he has deposed in court what was communicated to him by his mother Yashoda Devi. P.W. 1.