JANUM SINGH DEOGAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal was preferred by two convicts namely, Turi Deogam and Janum Singh Deogam challenging the judgment of their conviction under section 302/34 IPC dated 30.03.1994 and the order of sentence of R.I. for life dated 31.03.1994 in Sessions Trial No. 123 of 1991 passed by the 4th Additional Sessions Judge, West Singhbhum. During pendency of this appeal, the appellant namely, Turi Deogam died and, accordingly, the appeal on his behalf has abated.

(2.) By an order dated 10.05.1994, both the appellants were granted bail.

(3.) The prosecution case as narrated by the informant namely, Teema Gope in his fardbeyan, which was recorded on 20.06.1990 at about 23.30 p.m in the night at his village, is that the accused Turi Deogam and his wife suspected that his brother Rupa Gope was trying witchcraft on them by easing behind their house, about two months prior to the occurrence. There was a quarrel between them for this reason. The informant has stated that on 20.06.1990 when he alongwith his cousin namely, Rupa Gope were going towards the river for grazing the goat the accused Turi Deogam and his brother Janum Singh Deogam armed with knife suddenly came out from their house and attacked Rupa Gope. The informant has made specific allegation of injury on head, neck, chest, left side of stomach and right kanpatti (occipital region) by the accused persons by knife. He has stated that after the occurrence he brought his cousin to his house where he died. On the basis of his fardbeyan, Jhinkpani P.S. Case No. 24 of 1990 was registered against Turi Deogam and Janum Singh Deogam under section 302/34 IPC and after the investigation charge-sheet was filed against three persons; Jhandul @ Birsingh Deogam has also been sent up for trial. A common charge under section 302/34 IPC was framed against all the three accused persons vide order dated 06.08.1992 which they have denied and claimed trial. During the trial the prosecution has examined nine witnesses; the informant-Teema Gope has been examined as P.W. 5 and Turam Gope, daughter of the deceased Rupa Gope has been examined as P.W. 4. The co-villagers Mahendra Munduiya-P.W. 2 and Rupa Gope-P.W.3 are other material witnesses. Dr. Vijay Kumar Singh, who has conducted autopsy is P.W. 8 and P.W. 6 is the inquest witness. The investigating officer of the case has not been examined by the prosecution, however, one Mohammad Mujib, the advocate's clerk has proved the signature of the investigating officer on seizure list, inquest report and the First Information Report.