LAKSHMAN URAON, J. - (1.) SOLE appellant Bhincent Tirkey @ Budhuwa has preferred this appeal against the order of conviction dated 2.12.2000 and sentence dated 4.12.2000 passed by Shri Awadhesh Kumar Verma, 1st Additional Judicial Commissioner, Ranchi in Sessions Trial No. 580 of 1999 whereby and whereunder the appellant has been convicted and sentenced to undergo RI for life for the offence punishable under Section 302, IPC.
(2.) THE prosecution case arises on the fardbeyan of the informant Mery Sibriya, wife of late Johan Oraon of village Karanji, PS -Bero recorded by S.N. Singh, SI of Bero PS (not examined) on 31.5.1999 at 6.30 a.m. at the door of the informant. Mery Sibriya was taking her meal by sitting at her door at about 10.00 p.m. on 30.5.1999. Her husband (deceased Johan Oraon) and son Jerom Tirkey (PW 4) were also sitting nearby. At that time her dever Bhincent Tirkey @ Budhuwa (appellant) and his wife Birtilla Tirkey (acquitted) went to her door and said that nieces of the informant whenever come to village, they do not stay in her home, rather they stay hither and thither; their character is not good. Informant and her husband Johan Oraon when objected, saying that this is not true, then appellant became angry and went to his house. He came out with a sword and assaulted on the person of Johan Oraon. Johan Oraon, on being injured, fled away. He was chased and assaulted by this appellant Bhincent Tirkey @ Budhuwa till he fell down on being injured at the west village road of his house. Jerom Tirkey (PW 4) and Subhash Tirkey (PW 5), who were outside of her home, were also chased by this appellant, hence they fled away. Appellant Bhincent Tirkey @ Budhuwa brought left the bloodstained sword at her door and went away. Informant went in search of her husband and saw the dead body lying in the pool of blood towards west of her house on the village road. Her both sons, PW 4 and PW 5, also retuned back and went there. All of them started weeping. Appellant gave sword -blow on the extortion of his wife Birtilla Tirkey. After investigation, IO submitted charge -sheet against this appellant and his wife Birtilla Tirkey. ' Prosecution examined altogether nine witnesses in order to bring home the charges levelled against the accused. PW 1 Safiuddin Ansari is the seizure -list witness in respect of sword and bloodstained soil on which he signed (Ext. 1). He also identified signature of PW 8 Emdad Ansari on the seizure -list in his presence (Ext. -1/1). He is not the eye -witness of the alleged occurrence as asked by his Mausi Siska, he went inside the house. PW 3 Prabhu Mahto saw the injured dead body of deceased Johan Oraon. PW 4 Jerom Tirkey, PW 5 Subhash Tirkey (both sons of deceased Johan Oraon) and PW 6 Mery Sibriya (wife of the deceased and informant of this case) claim themselves to be the eye -witnesses. PW 7 Mahendra Lohar is the witness who signed on the inquest report (Ext. 1/3) and PW 8 Emdad Ansari is another witness of the seizure -list of sword and bloodstained soil on which he signed (already exhibited as (Ext. 1/1). PW 9 is Dr. Ramsewak Sahu who conducted autopsy on the dead body of Johan Oraon and prepared post - mortem report (Ext. 2) in his pen and signature.
(3.) LEARNED 1st Additional Judicial Commissioner, Ranchi relied the evidence of PWs 4, 5 and 6 as eye -witnesses corroborated by the medical evidence of PW 9 Dr. Ramsewak Sahu and also the formal witnesses who have signed on the inquest report and seizure -list prepared in respect of the dead body of the deceased and seizure of bloodstained sword and bloodstained soil. As it was 10.00 p.m. night, none of the villagers who have got their houses nearby the P/O house and P/O place, came out on the cry of the interested witnesses -PW 4, PW 5 and PW 6. The learned Court below relying the evidence convicted this appellant sentencing him to undergo RI for life and acquitting his wife Birtilla Tirkey.;