LAKSHMAN URAON, J. - (1.) THIS criminal appeal is directed against the judgment and order dated 26.3.1999 passed by Shri S.H. Kazmi, 3rd Addl. Sessions Judge, Jamshedpur in ST No. 82/1994, whereby and where under, the appellant, Tula Sardar, has been convicted under Section 302, IPC and sentenced to undergo imprisonment for life.
(2.) THE prosecution case is based on the fardbeyan of Keshawati Sardarin, PW 3, daughter of the deceased, recorded at Hansa Dungli by the SI, S. Pd, Officer -in -Charge of Potka P.S., on 3.8.1993 at 16 Hrs. in which the informant alleged that on that date at about 11 a.m. her mother, Surajmani Sardarin, had gone to Lalu Chuandungri, situated at distance of 500 yards from her house, to dry paddy on the rock taking bamboo bucket, paddy, umbrella, broom and one day to cut grass for the cattle. The informant was sitting in front of the tiled house of Atisar Sardar in the village. After sometimes she saw PW 4, Binni Bhumij, wife of Lakhan Bhumij, PW 5, Srimati Bhumij, wife of Phulchand Bhumij, PW 6, Basanti. wife of Bhunesh -war, PW 7 Shushila Bhumij, wife of Lawan Bhumij and PW 8, Panpati Bhumij, wife of Sanatan Bhumij, running towards the village. The informant looked at them as her mother had gone towards Hansadungri. Her mother also left the belongings and was running away towards the village. The appellant had an axe in his hand who was chasing her mother. At Hansadungri, he gave an axe below to her mother from behind. Her mother fell down. The appellant, Tula Sardar, took the axe and went to his house. Again from his house he took the axe and one bag and went to Hansadungri where her mother had fallen. The appellant severed the neck of her mother by the axe.He put the head in the bag and went towards Haldipokhar via her village. On his way he met the informant but did not speak to her. Tula Sardar was calling Surajmani Sardarin as a witch. In this case the prosecution has examined 9 witnesses out of them the informant, PW 3, Keshawati Sardarin and PW 4, Binni Bhumij, claim to be the eye -witness. The other witnesses PW 5, Srimati Bhumij, PW 6, Basanti Bhumij, PW 7, Sushila Bhumij and PW 8, Panpati @ Pansuri Bhumij, were present at the P.O. where they were uprooting the paddy. All these witnesses fled away from that place towards their village when the appellant asked them to flee away who had an axe in his hand. All these witnesses have not supported the prosecution case as to who has assaulted Surajmani Sardarin. Hence all of these four witnesses have been declared hostile by the prosecution. PW 1, Goman Sardar, is also a hostile witness who knows nothing about the murder of Surajmani Sardarin. PW 2, Dr. Akhilesh Kumar Chaudhary, conducted the post mortem examination on the dead body of Surajmani Sardarin and submitted the postmortem report, Ext. 1 PW 9, Satyendra Prasad, is the I.O. of this case who seized the blood -stained tangi, Ext. 2, blood -stained soil, Ext. 2/1, prepared inquest -report of the head of Surajmani Sardarin, Ext. 3, inquest -report of the headless body of Surajmani Sardarin, Ext. 3/1 and recorded the fardbeyan of the informant, PW 3, Keshawati Sardarin, Ext. 4.
(3.) THE 3rd Addl. Sessions Judge, Jamshedpur, relied the evidence of the informant, PW 3, Keshawati Sardarin, PW 4, Binni Bhumij, PW 2 Dr. Akhilesh Kumar Choudhary and the I.O., PW 9, Satyendra Prasad, and came to the conclusion that the prosecution has proved the charge under Section 302, IPC against this appellant and convicted and sentenced him to undergo imprisonment for life.;