- (1.) THE present Cr. Appeal is directed against the judgment of conviction and order of sentence passed by the 5th Addl. Sessions Judge, Giridih in Sessions Trial No. 40 of 1999 on 16.2.2000 whereby and whereunder the appellant Dhirju Singh was convicted under Sec. 302, IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 5,000.00 with default stipulation and further rigorous imprisonment for 3 years for his conviction under Sec. 201, IPC and fine of Rs. 500.00 with the direction that sentences shall run concurrently.
(2.) THE prosecution was launched on the written report presented by the informant Lakshman Singh (PW 6) at Dhanwar Police State stating therein that his sister -in -law Gunjani Devi (sail) was married to the accused Birendra Singh some 4 years ago at village Bhadwa. On 19.10.1988 Gunjani Devi visited his house in the noon in the same village and narrated her miseries that her in -laws were not giving food properly and that her Korhia (leper) Bhaisur was telling that her husband Birendra Singh would not come to the village unless his wife would be eliminated and therefore, she had apprehension that she might be killed. Upon her such complaint the wife of the informant Rukmini Devi (PW 7) served food to her and consoled by assuring that she would communicate her brother to come and take her away. It was alleged further in the written report that in the same night the accused persons including the appellant Dhirju Singh on the instigation of her husband Birendra Singh, committed murder of Gunjani Devi. On hearing alarm in the village, he went to her matrimonial home in the morning and found the dead body of Gunjani Devi lying on a cot and there were injuries on forehead and her teeth were crushed. All the inmates of her matrimonial home were found absconded except the appellant Dhirju Singh who confessed before him and co -villagers that since Birendra Singh was not inclined to keep her hence he committed murder by causing injuries with axe and 'Khanti'. The written report was presented on 20.10.1998 for the alleged offence in the night intervening 19/20.10.1998 giving rise to institution of Dhanwar P.S. Case No. 217 of 1998 for the offence under Sections 302/120 -B/34, IPC against 4 accused persons including the appellant Dhirju Singh and the police after investigation submitted charge -sheet against them. It was gathered during investigation that the accused persons did cause the evidence of the murder of Gunjani Devi to disappear by concealing blood stained tangi, khanti Rod and blosue of the victim. Charge -sheet under Sec. 173, Code of Criminal Procedure was submitted and accordingly charge against all the 4 accused was framed under Sections 302/34, 201 and 120 -B, IPC to which they pleaded not guilty and claimed to be tried. The trial Court acquitted the other accused except the appellant who was convicted and sentenced as indicated. The appellant Dhirju Singh preferred Jail appeal against his conviction and sentence and for that Mr. P.A.S. Pati, learned Counsel consented to assist the Court, accordingly he was appointed Amicus Curiae to assist the Court.
(3.) THE points for consideration in this appeal as presented by the appellant Dhirju Singh was that he was suffering from leprosy, serving out life term imprisonment since 21.10.1998 for his conviction under Sec. 302/34, IPC and that out of 14 witnesses produced and examined on behalf of the prosecution PWs 1, 2, 3, 4, 8, 9, 10 & 11 were unfavourable to the prosecution who did not implicate him in any manner for the alleged charge of culpable homicide amounting to murder. The other witnesses viz., PW 5 is the Doctor who held post -mortem examination, PW 6 is the informant -brother -in -law of the deceased, PW 7 Rukmini Devi is the wife of the informant as well as cousin of the deceased, PW 12 Tripurari Singh and PW 13 Rajendra Singh were the hearsay witnesses and PW 14 Awadhesh Kumar Singh had investigated the case.;