S.J.MUKHOPADHAYA, J. - (1.) This appeal arises from the judgment dated 5th December, 2000 passed by Shree Shyam Kishore Sharma, learned 3rd Additional Sessions Judge, Hazaribagh in Sessions Trial No. 25 of 1995 whereby and whereunder, all the appellants, named above, have been convicted u/S. 302/34 and 201/34 of the I.P.C., and sentenced to undergo rigorous imprisonment for life for the offences u/S. 302/34 of the I.P.C. each and three years for the offences u/S. 201/34 of the I.P.C. However, both sentences are to run concurrently. To understand the case, it is desirable to give the relationship between the informant, deceased and appellants. Deceased, Most. Gendiya Devi is the mother of Faudi Thakur (A-1), Ramdhani Thakur (A-2) and informant, Lalo Devi (PW-9). Saro Devi (A-4) is the wife of Faudi Thakur (A-1) i.e. daughter-in-law of the deceased. Chameli Devi (A-3) is the mother of Sundari Devi (A-5) and both are next door neighbours of the deceased.
(2.) The case of prosecution is that the informant, Lalo Devi (PW-9), wife of Raj Kumar Thakur and daughter of the deceased Most. Gendiya Devi along with mukhiya, Jageshwar Yadav (PW-1) and some villagers went to police station at about 7.00 P.M. on 3rd August, 1995 and reported that about 20 days ahead on a Friday, appellant, Faudi Thakur (A-1) came to her house and requested her to go to his house for transplanting paddy. She (PW-9) along with her brother Faudi Thakur went to his house in village Bijaiya at about 3/4 P.M. While she was sleeping in the night after taking dinner, she (informant-PW-9) heard cry of her mother, Most. Gendiya Devi. She rushed to Aangan (Backyard) and found that her elder brother, Faudi Thakur, younger brother, Ramdhani Thakur, sister-in-law Saro Devi, neighbour Chameli Devi and Sundari Devi had caught hold of her mother and her mother was in a pool of blood. The informant took a lantern and when went near her mother, found the back side of her neck already cut, her mother was dead. She (informant) tried to shout but the appellants pointed out blood-stained garasa (a sharp weapon to cut fodder) and threatened that they will also cut her (informant) by garasa. So, she had to keep mum. All the appellants, thereafter, put the dead-body in a gunny bag. Her brothers carried away the dead-body, whereas the ladies, appellant Nos. 3 to 5 washed away the blood. The dead-body was put inside a well and filled up by soil. The accused threatened the informant not to divulge of the matter to anybody. Next day, i.e. Saturday, her elder brother, Faudi Thakur sent her to her in-laws house. Further case of the prosecution is that the informant when narrated the occurrence to her villagers, they advised her to go to police station but she could not go because of panic. A day prior to report, the informant told the matter to Rameshwar Modi, who took her to the village. She also informed to Jageshwar Yadav (PW-1). Then the people went near the well and found it filled up with soil. The informant further narrated that her father was an employee of B.C.C.L., Dhanbad, who died. Her mother (deceased) received money on account of death of father. The amount was deposited in the name of her mother. Her mother (deceased) also got some amount after selling some land which she was keeping with her. Her brothers were suspecting that the mother (deceased) will give the amount to the informant as may donate some lands to her. In this regard, her brothers also assaulted their mother earlier. The wife and daughter of Kartik Thakur (A-3 and A-5) were instigating her brothers and sister-in-law (Bhabhy) in this act. On this information (Exhibit-2) Barhi P.S. Case No. 178/94, dated 3rd August, 1994 was registered u/Ss. 302/201/34 of the I.P.C., Jageshwar Thakur (PW-1), Parmesh-war Thakur (PW-4), Sahdeo Hazam (PW-3) and Sona Choudhary (PW-2) also put their signature in the Fardbeyan. Cognizance was taken and after submission of charge-sheet, the case was committed to the Court of Session. Charges were explained to the appellants, who pleaded innocence and claimed to be tried and took defence that they were falsely implicated.
(3.) Before averting to the relevant contention of the parties, it is necessary to refer relevant summary of the evidence rendered by the prosecution which resulted in the conviction of the appellants. PW-1, Jageshwar Yadav is the mukhiya of the village. PW-2, Sona Choudhary, PW- 3, Sahdeo Hazam, PW-4, Parmeshwar Thakur, PW-5, Rupan Thakur, PW-8, Hulash Thakur are the cultivators and hearsay witnesses. All of them came to know of the incidence from informant, Lalo Devi (PW-9), the only eye-witness. PW-6, Kobi Thakur and PW-7, Sofi Mian have been tendered. PW-10, Dr. S. K. Sinha is a doctor, who conducted post-mortem on the body of deceased and submitted report on 5th August, 1994, whereas PW-11, Shohan Gope, Sub-Inspector of Mandu police station is the I.O. Dr. S. K. Sinha (PW-10) in his evidence stated that he conducted the post-mortem report on 5th August, 1994 and found as follows : (i) Body decomposed, (ii) Facial muscles almost destroyed, (iii) Rigor mortis absent, (iv) Deep wound present at the back side of neck cutting 5th cervical vertebra caused by sharp cutting weapon, (v) Sharp cutting wound was also present at left side of face cutting mandible bone, (vi) The death was due to shock and haemorrhage caused by above-mentioned injuries, (vii) Time elapsed since death was more than 72 Hours. The carbon copy of post-mortem report was Exhibit-3. PW-1, Jageshwar Yadav in his evidence stated that Lalo Devi daughter of deceased told him at about 4/5 P.M. in the evening of 2nd August, 1994 that her mother was killed by Faudi Thakur, Ramdhani Thakur, Saro Devi, Chameli Devi and Sundari Devi. He along with others and Lalo Devi went to the well as was pointed by her (Lalo Devi). The dead-body was dugged out from the well. The matter was reported to the police and case was registered on the Fardbeyan of Lalo Devi. He also stated that the Officer-in-Charge prepared the inquest report on which other villagers put their signature and L.T.I. The dead-body was sent for post-mortem. PW-2, Sona Choudhary made similar statement that Lalo Devi (Informant) told that her mother was killed by the appellants. The dead-body was taken out by the police after digging the well. He came to know about the occurrence from the informant, PW-9. PW-3, Sahdeo Hazam stated that on 3rd August, 1994, Lalo Devi came to his village and told the villagers that the appellants have killed her mother. PW-4, Parmeshwar Thakur made similar statement before the Court that the informant, Lalo Devi told that her mother had been killed by the appellants, Faudi Thakur, Ramdhani Thakur, Chameli Devi, Saro Devi and Sundari Devi. PW-5, Rupan Thakur made similar statement that Lalo Devi told him that her mother had been killed by Faudi Thakur and others. Similar is the version of PW-8, Hulash Thakur, who stated that Lalo Devi told him that her mother had been killed by all the appellants. PW-9, Lalo Devi is the eye-witness, who in her evidence, stated that her brother, Faudi Thakur came to her (husband's) house and asked her to go to his house for transplantation of paddy. She went with her brother to his house (Parents house). In the mid-night, she woke up on hearing cry of her mother and rushed towards backyard (Aangan) with lantern and saw Faudi Thakur, Ramdhani Thakur, Saro Devi, Chameli Devi and Sundari Devi killing her mother. Saro Devi, Sundari Devi and Chameli Devi were holding her mother's hand and foot. One hand was caught by Ramdhani Thakur. Faudi Thakur cut the neck of her mother by garasa. She died. Blood was found all around the backyard (Aangan). She tried to cry but Faudi Thakur threatened her and asked her to keep mum showing her Garasa. They packed the dead-body in a gunny bag which was carried away by Faudi Thakur and Ramdhani Thakur, who put it in a well which, was under construction. Thereafter, the well was filled up by earth. Saro Devi, Chameli Devi and Sundari Devi cleared the blood-stains with the help of cow dung. On the next day, Faudi Thakur sent her (PW-9) to her Sasural where she stayed for about 20 days. When she narrated the occurrence to the villagers of her husband's house, they told that they will not interfere in her family matter. Rameshwar Modi when came to see his daughter in the village then she (informant) narrated him everything. He accompanied the informant to the village of his brother. Thereafter, she told Jageshwar Mahato about the incident. On the next day, the villagers assembled in a meeting where she told the villagers everything. Chawkidar and Faudi Thakur were also called by the villagers. They accompanied Faudi Thakur to the well and reported the matter to the police. The police recovered the dead-body from the well. PW-9 (informant) further stated that her father late Tulo Thakur was an employee in Dhanbad. After his death, her mother received some money. Her mother also sold certain lands and received money. Her mother (deceased) was willing to give money to the informant. This willingness caused her death. She further stated that earlier also her mother was assaulted and ill-treated by Faudi Thakur. PW-9 (informant) was cross-examined and various questions were put to her but she remained consistent in her evidence that her mother was killed because of suspicion of the appellants, Faudi Thakur, Ramdhani Thakur and Saro Devi that the mother would give money to the informant. PW-11, Sohan Gope was the Sub-Inspector of Police. He stated that the informant, Lalo Devi came to the police station and gave her statement. Thereafter, he went to the place of occurrence and the dead-body was taken out from the well. Inquest report was prepared. The P.O. was shown as Backyard (Aangan) of the deceased in village-Bijaya. PW-11 further stated that no blood-stain was found in the Backyard (Aangan) as the occurrence took place about 20 days prior to the report.;