S.J.MUKHOPADHAYA, J. - (1.) The appellant, Kandey Hembrom having been convicted u/S. 302 of the I.P.C. and sentenced to undergo Rigorous Imprisonment for life for committing murder of three innocent minor girls, namely, Sukru Kui (aged about 8 years), daughter of Sanika Munda, Budhani Kui (aged about 9 years), daughter of Hesel Munda and Sukru Kui (aged about 6 years), daughter of Soma Munda, have challenged the judgment dated 6th June, 1994 passed by learned 4th Additional Sessions Judge, West Singhbhum at Chaibasa in Sessions Trial No. 157 of 1992.
(2.) The prosecution case as per fardbeyan of informant, Sanika Munda (PW-1) is that on 20th September, 1991 (Friday) when he was working in his field, in between 4 to 5 P.M., Chara Purty of his village came to him and asked him to return to his house as everything was not good. When he (PW-1) rushed and reached his house, his wife, Jambi Kui informed that the accused, Kandey Hembrom son of Surjan Hembrom of village Durdurda had inflicted knife blows on her minor daughter, Sukru Kui as a resuit of which Sukru Kui died on the spot. When he examined his daughter (Sukru Kui), found knife injury in her abdomen and dead. His (informant's) aunt (Fufu), who was present in the house, narrated him the incident and told that the accused, Kandey Hembrom dragged his daughter and Budhani Kui, daughter of Hesel Munda outside the house and inflicted knife blows on them, as a result of which Sukru Kui died on the spot. In the night, the informant and others could not do anything. In the morning, Hesel Munda took his daughter, Budhani Kui to Chakradharpur Hospital as she was alive. The informant along with Soma Munda and other witnesses reported the matter to the Sarpanch of Bhalupani and narrated the incident. Later on, the informant came to know that the accused, Kandey Hembrom had also inflicted knife injuries on the daughter of Soma Munda, who also died. The people of the village, who gathered there, informed him that the accused, Kandey Hembrom had already been apprehended by his villagers. Later on, the daughter of Hesel Munda also died on the way to Chakradharpur Hospital. Informant also reported that the accused, Kandey Hembrom was cousin of his wife, who regularly used to come to his house and there was no dispute with him. In support of its case, the prosecution examined altogether 15 witnesses. Out of them, PW-6, Somwari Munda (Kui) is the eye-witness of two deceased, whereas PW-8, Chirgi Sirka and PW-9, Sirka Munda are the eye-witnesses of another deceased. PW-10, Lore Singh Munda is a chance witness of the third deceased, who reached immediately after the incidence. PW-1, Sanika Munda (informant) is the father of the deceased No. 1, Sukru Kui (8 years); PW-2, Soma Munda is the father of the 3rd deceased, Sukru Kui (6 years) and PW-3, Hesel Munda is the father of 2nd deceased, Budhani Kui (9 years). All of them are the hearsay witnesses. There are other hearsay witnesses, such as PW-5, Santosh Kumar Dogra, Sarpanch : PW-7. Hardayal Singh and PW-11, Birsa Hembrom. PW-4, Sonika Hansda is the inquest report wintness, PW-12, Champai Purti was tendered by the prosecution. Other important witnesses were PW-13, Dr. Vijay Kumar Singh, who did autopsy on the body of all the three deceased, PW-15, Rabindra Prasad Ambastha was the Investigating Officer.
(3.) Counsel for the appellant made the following submission, as was made before the trial Court : (i) There was no motive behind the murder which has not been proved. Three murders at three different places almost at the same time between 3 P.M. to 4 P.M. is not possible. (ii) Material evidences, such as knife which was used in the commission of murder and forensic report after comparing the blood found on the spot were not brought on record by the prosecution in support of its case. (iii) There being contradictions in the evidences, benefit of doubt should be given in favour of the appellant. AND Finally, as the appellant was insane and mad at the time of commission of murder, he should be given protection under section 84 of the I.P.C. PW-6, Somwari Mundu (Kui), who is the eye-witness of Sukru Kui (8 years) and Budhani Kui (9 years) stated that the occurrence took place about two years back in her house at about 4 P.M. The victim, Sukru Kui (8 years) and Budhani Kui (9 years) came to her and demanded food. After food was served to them and they were to start taking food accused, Kandey Hembrom arrived there and pulled them out and inflicted knife blows in their abdomen as a result of which both Sakru Kui and Budhani Kui died. On raising alarm, the villagers arrived. Charnpai, Sanika and Hesel also came to whom she narrated the occurrence and told that both the girls were done to death by accused, Kandey Hembrom. Later on, she came to know that the accused Kandey Hembrom had also inflicted knife blows on Sukru Kui (6 years), daughter of Sorna Munda. Sanika and Hese! were her nephews and she used to reside with Hesel. She identified the accused. Kandey Hembrom, who was present in the dock. She stood to her statement during her cross-examination and stated that Sukru Kui (8 years) asked food from her, Sukru Kui was sitting in her lap when the accused, Kandey Hembrom arrived, snatched the girl from her and inflicted knife blows. She narrated the incident to Sanika Munda at his house and had also gone to police station where her statement was recorded. It has been noticed that PW-8, Chirgi Sirka and PW-9, Sirka Mundu are the eyewitnesses of the 3rd deceased, Sukru Kui (6 years) daughter of Soma Munda. PW-8, Chirgi Sirka, wife of Sirka Mundu, who was one of the eye-witnesses of murder of Sukru Kui (6 years), daughter of Soma Munda stated that the occurrence took place about two yearn back. She was in her house and her husband, Sirka Mundu wasill. The accused, Kandey Hembrom came there and inflicted knife blows on Sukru Kui (6 years), daughter of Sorna Munda, who was playing and holding a pillar (Khambha). All of a sudden, the accused, Kandey Hembrom came and inflicted knife blows on the person of Sukru and thereafter he has escaped. Initially, Sukru was alive, but later on she died. She identified the accused, Kandey Hembrom in the dock. During cross-examination she stood to the test and remained consistent. There is no contradiction in her statement. She also stated that the knife used by accused, Kandey Hembrom was seized by the Daroga of which a seizure list was prepared and she put her thumb impression on such seizure list. She further stated that she along with the Daroga had gone to the house of the accused, Kandey Hembrom; the villagers had already apprehended the accused by the time Daroga reached in his house and took the accused, Kandey Hembrom in custody. PW-9, Sirka Mundu is the other eye-witness of murder of Sukru Kui (6 years). He is the husband of PW-8. He stated that the occurrence took place about two years back when he was ill and was in his house. His niece, Sukru Kui, 6 years (deceased), daughter of Soma Munda was holding a pillar (Khambha). The accused, Kandey Hembrom arrived there at about 4 o'clock and inflicted knife blows in her abdomen. He (PW-9) could not apprehend the culprit being i!i. When he raised alarm, the villagers arrived immediately. Initially, Sukru Kui (6 years) was alive but subsequently she died. Later on, he (PW-9) also came to know that the accused Kandey Hembrom had committed murder of two other girls, namely Sukru Km (8 years) and Budhani Kui (9 years). The other Sukru Kui (8 years) was the daughter of Hesel Munda and Budhani Kui was daughter of Sanika Munda. He identified the appellant in the dock. Thus, it will be evident that the evidence of eye-witnesses, not only consistent, but are also corroborated by evidence of PWs-1, 2, 3, 5, 10 and 11. There are other evidence, such as Exhibit-1 to Exhibit-1/E i.e. three inquest reports, Exhibit 2, Post-Mortem report of Sukru Kui (6 years), daughter of Soma Munda, Exhibit-2/A, Post-Mortem report of Sukru Kui (8 years), daughter of Sanika Munda and Ex-hibit-2/B, the Post-Mortem report of Budhani Kui (9 years), daughter of Hesel Mundu, Exhibit-3, Seizure list of blood stained earth collected from the southern side of the house of Soma Mundu, Exhibit-3/A, seizure list of blood stained earth collected from eastern side of the house of Hesel Mundu. They also support the case of prosecution. PW-13, Dr. Vijoy Kumar Singh, Civil Surgeon, Sadar Hospital, Chaibasa held autopsy on the dead-bodies of three victim girls on 22nd September, 1991 and found the following injuries : A. Sukru Kui, aged about 6 years, daughter of Soma Munda of village-Kocharun. i) Rigors mortis present. ii) All body swelling; Eyes and mouth open. Ante-mortem wounds :- (i) One incised wound over the epigastic region 3" x 1/4" x 5". Intestine came out of the wound. 2. On dissection Spleen - ruptured. Abdomen - Full of blood. Stomach - Punctured. B. Budhani Kui, aged about 9 years daughter of Hesel Mundu of village Kucharun. Rigour mortis present. Eyes and mouth open. Ante-mortem wounds :- Incised wound measuring 3" x 1/4" x 5" over the epigastic region. Intestine out of the wound. On dissection. Spleen - Ruptured. Abdomen - Full of blood Stomach - Punctured. Other visceras - intact. C. Sukru Kui, aged about 8 years, daughter of Sanika Munda of village-Kacharun. Rigour mortis present. Eyes and mouth open. Ante-mortem wounds. Incised wound 3" x 1/4" x 5" over the epigastic region. Intestine out of the wound. On dissection. Spleen - Ruptured. Abdomen - Full of blood. Stomach - Punctured. As per Doctor's (PW-13) opinion, the time elapsed since the death of all the three deceased is about two days. The death of all the three deceased was due to incised wounds of equal dimension over the epigastria region leading to damage of spleen and stomach causing severe haemorrhage and shock. The injuries were grievous in nature caused by sharp penetrating weapon. During the cross-examination, he stated that he did not found any food substance in the stomach of any victim. To the reply to a quarry of the Court, PW-13 opined the wounds found on the body of all the three victims were sufficient to cause death in ordinary course. PW-14, Manki Kerai, Dalpati of the vil lage-Kocharon is the seizure list witness. He deposed that about two years back, the Sub-Inspector of Keraikella police station collected the blood stained earth opposite to the house of Lore Singh Munda of village Kocharon in his presence of which a seizure list was prepared, marked as Exhibit-3. He put his thumb impression on the seizure list aforesaid. Thereafter they went near the house of Hesel Munda from where the Officer-in-Charge collected the blood-stained earth of which a seizure list was prepared and he put his signature, marked as Exhibits/A. Thereafter, he along with others went to the village-Durdurda of accused, Kandey Hembrom. On the basis of confessional statement of accused Kandey Hembrom. the Sub-Inspector of Police discovered the blood stained knife which was kept in a hole of a log behind the house of Lakshman. The Sub-Inspector of Police prepared a seizure list of the blood-stained knife in his presence and he put his signature thereon, marked as Exhibit-3/B. PW-15, Ravindra Prasad Ambastha was the I.O. He stated that on 21st September, 1991 while he was posted at Keralkella police station at about 3 p.m., the informant, Sanika Muncla came to the police station to record his Fardbeyan along with Soma Munda, Hardayal Singh Gagrai, Sur Singh Kerai and the Sarpanch of Bhalupani, Santosh Kumar Dogra. Since Keraikella police station was not a notified police station, the Fardbeyan was sent to Bandgaon police station for lodging F.I.R. He proved the Fardbeyan, endorsement made therein and the signature made thereon, marked as Exhibit-4. The I.O. (PW-15) stated that the dead- body of Budhani Kui, was first brought to the police station on 21st September, 1991, thereafter, the dead-bodies of both Sukru Kui were brought to the police station on 22nd September, 1991. The inquest reports of both Sukru Kui were prepared on 22nd September, 1991. The inquest report of Budhani Kui was prepared on 21st September, 1991. The dead-bodies were sent for post-mortem examination at Sadar Hospital, Chaibasa. The I.O. gave detailed description of the place of occurrence and the place from where the blood-stained earth was recovered. He also stated that after arrest, the accused, Kandey Hembrom confessed his guilt which was recorded. It was the accused, who pointed out the place where he had concealed the knife which was recovered from the hole of a log behind the house of Lakshman on which there was spot of blood. Thus, it is clear that the ocular evidence and medical evidence, as discussed above, also corroborate the evidence of eye-witnesses i.e. Somwari Mundu (PW-6), Chirgi Sirka (PW-8) and Sirka Mundu (PW-9). There is no major contradiction to disbelieve their statement.;