SURAJDEO SINGH Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) Heard learned senior counsel for the appellant and learned counsel for the State.

(2.) The instant Criminal appeal is directed against the judgment of conviction and order of sentence dated 28.04.1993 in S.T. No.82 of 1991 passed by the then learned 4th Additional Sessions Judge, Palamau at Daltonganj, whereby the sole appellant, Surajdeo Singh has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life.

(3.) The prosecution case is based upon the 'fardbeyan' of one Kailash Singh (P.W.6) recorded by the officer in charge, Surendra Kumar Singh of Chainpur Police Station, at 22.30 hours on 25.07.1990, in Village -Chando Tola Bhuiyan Raja, where the informant alleged that the accused, Surajdeo Singh, S/o Baza Singh came to the said village and disclosed that he requires 2-3 persons for working in the ploughing field, upon which the informant, Kailash Singh (P.W.6) and co-villager, Kameshwar Singh (P.W.5) and Ganesh Singh (deceased) went along with accused, Surajdeo Singh at 8.30 a.m. to work in his field. It is further stated that after working in the field along with said accused, Surajdeo Singh at 2.30 p.m. came near the well having dimension of 20 feet of Bhukhan Singh situated at a distance of 500 gauge north. The said well was in a damaged condition having diametre of 20 feet and in the southern side, a slope was formed upto the mouth of the well. It is stated that the informant, Kailash Singh (P.W.6), Kameshwar Singh (P.W.5), Ganesh Singh (deceased) and Surajdeo Singh, accused/appellant washed their hands, feet, face and thereafter the informant, Kailash Singh and Kameshwar Singh were standing near the well wiping their body with 'gamcha'. It is alleged that at that time, Ganesh Singh (deceased) was washing his hand, face near the damaged southern portion of the well. In the meantime, Surajdeo Singh, accused/appellant asked Ganesh Singh to swim in the well and to ascertain the level of the water in the well. It is stated that Ganesh Singh (deceased), however, disclosed that he did not how to swim. In the meantime, Surajdeo Singh, accused/appellant caught hold of the waist from the back of Ganesh Singh (deceased) and pushed him into the deep water of the well, due to which Ganesh Singh (deceased) remained drawn in the well. It is stated that after half an hour when Ganesh Singh did not come out of the well and remained inside the water, then the informant and others raised 'alarm', upon which Rajeshwar Singh (P.W.7) came running over there and jumped into the well and took out Ganesh Singh (deceased) out of the well. By that time, Ganesh Singh had already died. The informant has alleged that Surajdeo Singh, accused has deliberately killed Ganesh Singh by drawning him into the well, due to which he died.