S.J.MUKHOPADHAYA, J. - (1.) THE appellant has challenged the judgment and order of conviction and sentence dated 10th March, 1998, passed by Shri S.H. Kazmi, 3rd Addl. Sessions Judge, East Singhbhum, Jamshedpur in Sessions Trial No. 571 of 1995, arising out of Pasrudih P.S. Case No. 165 of 1995 corresponding to G.R. case No. 1430 of 1995, whereby and where -under, he has been found guilty and convicted for the offence under section 302 of the I.P.C. and was sentenced to undergo rigorous imprisonment for life.
(2.) THE husband of Informant deceased Purno Nayak was an employee of TELCO. On 26th July, 1995 at 3 P.M., the said Purno Nayak was lying on a Cot under a 'Kathal ' (Jackfruit) tree by the side of the house of Lakhan Mardi (P. W. 6). At 6 P.M. on the same day, Rinti Mardi (P.W. 7), daughter of Lakhan Mardi came to the house of Informant, Jema Nayak (P.W. 2) and informed her that the accused Shambhu Sirka was assaulting the Informant 'shusband with a Farsa. Upon that the Informant rushed to the house of Lakhan Mardi and the accused was seen assaulting him with a Farsa. When the Informant raised Hulla, her daughter Fulo Nayak (P.W. 1) and other co -villagers reached there, whereupon the accused fled away towards his house. The Informant found her husband dead with deep multiple injuries on the left side of neck as well as some other parts of the body. Upon enquiry being made, Rinti told the Informant that the accused had come to call the deceased to visit his house to see his ailing son as the deceased used to treat the patients with Jhar -Foonk, but the deceased refused to go along with him which enraged the accused and he went back to his house abusing and also threatening him to kill. Within a short span, the accused again returned with a Farsa in his hand and started assaulting the deceased which resulted in his death. In course of trial, the prosecution produced altogether nine witnesses in order to substantiate the charges, framed against accused. There are three eye witnesses as per F.I.R., namely, P.W. 1, Fulo Nayak, daughter of deceased; P.W. 2, Jema Nayak, the Informant and wife of deceased and; P.W. 7, Rinti Mardi, an independent witness. There are three hearsay witnesses, namely, P.W. 4, Kumar Hembram; P.W. 5, Pandu Hembram; and P.W. 6, Lakhan Mardi, who is also a seizure list witness. The witnesses who are related to the deceased are P.W. 1, Fulo Nayak, daughter of deceased and eye witness as per F.I.R.; P.W. 2, Jema Nayak, the Informant, wife of deceased and eye witness as per F.I.R.; P.W. 3, Raya Nayak, brother of the deceased, who is an inquest report as well as seizure list witness. Rest two witnesses are, P. W. 8, Dr. Akhilesh Kumar Choudhary, who conducted the autopsy on the body of the deceased and P.W. 9, Vijay Kumar Singh who was the Investigation Officer (I.O.) of the case.
(3.) LEARNED 3rd Additional Sessions Judge, Jamshedpur relied on the evidence of P.W. 7, an independent eye witness, found her ocular evidence supported by the medical evidence of the doctor (P.W. 8). The hearsay witnesses also supported the case of prosecution including P.W. 6, a seizure list witness, who saw the Police recovered a Farsa from the house of accused Shambhu Sirka. When the evidence regarding motive was considered, the court below found commission of crime at the hands of the accused as the deceased refused to go for treatment of the son of the accused by Jhar -Foonk, due to which the accused got enraged, abused and threatened the deceased and then went away and after few moments he came back with a Farsa in his hand and started assaulting the deceased. The court below found that P.W. 7, Rinti Mardi was the only eye witness to the total occurrence and she was an independent witness being not related to the deceased. The case of the prosecution was also corroborated by ocular evidence of two other witnesses (P.Ws. 1 and 2), they having seen the part of the occurrence.;