LAKSHMAN URAON, J. - (1.) THE sole appellant, Siru Hembrom, has preferred this jail appeal against the order of conviction and sentence dated 14.5.90 passed by the learned Sessions Judge, Dumka (Santhal Parganas), in S.T.No. 55/89, convicting and sentencing him under Section 302, IPC to undergo imprisonment for life.
(2.) THE informant, Lal Murmu, PW -6, on 18.10.88, went to the P.S. Littipada, along with brother, Pradhan Murmu, Chini Hembram, PW -2, Mahal Chaukidar and Maisa Paharia, PW -3, taking the dead body of his mother, Nangia Hembrom and gave information that on 17.10.88 at about 5 P.M. the village Pradhan, Siru Hembrom (appellant) had gone to his home to assault his mother. The informant, his brother and his brother's wife had gone to bring wood towards the hill. His mother Nangia Hembrom had gone to the house of Ram Tudu, PW -4 for bringing paddy. At the home only Sona Marandi, PW -7, wife of the informant, was present. The appellant informed her that his wife is not recovering from her illness even after treatment only due to witchcraft practised on her by Nangia Hembrom. The appellant took a Sabal from the house of the informant and went to the house of Ram Tudu in search of Nangia Hembrom. Nangia Hembrom was found sitting on a cot in the courtyard of the house of Ram Tudu, PW -4. This appellant threw the Saba/ and picked up an axe which was kept there and assaulted with blunt portion of the Tangi on her head below the right ear and above the left eye resulting the death of Nangia Hembrom instantaneously. The alleged occurrence was witnessed by the villager, Lakhinder Tudu and Nagia Hembrom, wife of PW -4, Ram Tudu. The alleged occurrence took place in the house of Ram Tudu, PW -4, where Nangia Hembrom had gone to bring paddy. In his home his wife, PW -1, Nagia Hembrom and Lakhinder Tudu (since deceased) were present. Thus the eye -witness is only PW -1, Nagia Hembram. She has deposed that in her home, mother of the informant, Lal Murmu, had gone to collect Bhadai paddy. At that time Siru Hembrom went there with an iron sabal. He kept the sabal and picked up a Tangi and assaulted the mother of Lal Murmu. This witness, PW -1, Nagia Hembram, fled away from her home as Nangia Hembrom, mother of the informant had died. She has deposed that the witness, Lakhindra Tudu was also murdered. She has no knowledge as to whether the deceased was known as Daine in the village. Nangia Hembrom (deceased) was the daughter of the maternal uncle of this witness, Nagia Hembrom. Siru Hembrom assaulted the mother of Lal Murmu without any altercation but she could not see Siru Hembrom assaulting on her person, Para -5. The informant, PW -6, Lal Murmu, was not present in his home rather he had gone to Jungle. At home, only his wife was present. When he returned home in the evening then his wife, Sona Marandi, PW -7, informed him that Siru Hembrom murdered his mother in the house of Ram Tudu. In the next morning he went to Thana and gave the information of the alleged occurrence which was recorded and read over to him on which he gave his L.T.I The reason of murder was that she was suspected to be a Daine. This appellant is the Pradhan of the village who used to settle the problems and disputes of the villagers. There was no Panchaiti regarding any witchcraft played by his mother. The appellant, Siru Hembrom, is the Gotia of the informant. His mother (deceased) was Fufi of this appellant. He is not the eye -witness but has deposed in Para -5 that the dead body of his mother was brought to his home by this appellant, Siru Hembrom, himself prior to his arrival to his home. Siru Hembrom was not present at home rather he had gone to his Sasural. When this witness returned home then he found Chaukidar and Gorait. In the evening his son, Pradhan Murmu, went to Thana but the Police did not go to his village at night. PW -7, Sona Marandi, is the wife of this witness, informant, PW -6. She was alone in her home on the date of the alleged occurrence. Her mother -in -law had gone to the house of Ram Tudu to bring paddy. Siru Hembrom (appellant) had gone to her home and informed that he was taking the Sabal to cause murder of her mother -in -law. When asked, this appellant informed that her mother -in -law was a Daine. Thereafter the appellant brought the dead body of her mother -in -law to her home. She saw injuries on her parietal region. Thereafter, the appellant fled away. When the dead body was brought to the home of this witness then she was alone in her home. She had raised Hulla but none went to her home. She had not stated before the I.O. that Siru Hembrom (appellant) brought the dead body of her mother -in -law to her home. PW -1, Nagia Hembram, wife of PW -4, Ram Tudu and Sona Marandi, PW -7, wife of Lal Murmu (informant), PW -6, were in their respective homes. PW -7 is not the eye -witness of the alleged assault on Nangia Hembrom. As per her evidence she was alone at home when Siru Hembrom had gone in search of her mother -in -law and had taken a Sabal. She was knowing that Siru Hembrom had taken a Sabal and had gone in search of her mother -in -law to assault her. She never raised any Hulla. She never followed Siru Hembrom. Again when Siru Hembrom brought the dead body of Nangia Hembrom to her home then she was alone at home. She did not inform anybody in the village rather she deposed that she raised Hulla but none went to her home. Siru Hembrom fled away keeping the dead body. PW -1, Nagia Hembram was in her home. She deposed that the appellant had given Tangi blow on the person of the mother of Lal Murmu resulting her death. Thereafter, she fled away. In the last line of Para -5 she had stated that she had not seen the appellant assaulting Nagia Hembram. She did not raise any Hulla in the village nor informed anybody else. In the evening when her husband, PW -4, Ram Tudu, returned from Hatia then she informed him about the alleged occurrence. Similar is the statement of Sona Marandi, PW -7, who informed about the alleged occurrence to her husband, informant, Lal Murmu, PW -7. Thus, neither Sona Marandi (PW -7) nor Nagia Hembram (PW -1) are to be believed as eye -witness. The other witness, PW -2, Chini Hembram, is not an eye -witness who gave his L.T.I. on the inquest report, prepared by the I.O. PW -3, Maisa Paharia, is also a hearsay witness who was informed about the alleged occurrence by the informant, Lal Murmu who himself is a hearsay witness. When he went to the home of Lal Murmu then he saw the dead body of Nangia Hembrom on the verandah. Ram Tudu is also a hearsay witness who was also informed about the alleged occurrence by his wife, PW -1, Nagia Hembram.
(3.) PW -5, Dr. Rajiv Kumar Verma, conducted the postmortem examination on the dead body of Nangia Hembrom on 18.10.88 at 3 P.M. and found the following ante mortem injuries on her person : - 1. Sharp cut bleeding injury behind the right ear in the neck 3" x bone deep. 2. Fracture of her left parietal bone. On opening of this injury he found collection of blood clots inside the skill cavity. ;