B.B. Mangalmurti, J. - (1.) This appeal is directed against the judgment of conviction dated 14.05.1996 and order of sentence dated 15.05.1996 passed by the learned 1st Additional Sessions Judge, Gumla, in Sessions Trial No.9 of 1998, holding all the appellants guilty under Sections 302/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life.
(2.) The prosecution case, in short, as it appears from the F.I.R lodged by Jattu Oraon on 12.08.1986 at 6.30 a.m., is that his son-in-law Rameshwar Oraon along with his wife Birsai Oraon and children visited his house in the evening at about 3 p.m. and stayed in the night. On the next day, Rameshwar Oroan was returning to his village after taking meals at about 3.30 pm, and had covered only some distance from the house, when all of a sudden covillagers Sukhram Oraon, Ram Oraon and Birsai Oraon assaulted him by Bhujali for causing his death, whereupon his son-in-law Rameshwar Oraon started running to save his life and entered into the house of Choutha Oraon, but all the three accused persons also entered into the house of Choutha Oraon and assaulted causing serious injuries on his body, which resulted in his death. This incident was also seen by his nephew- Sukra Oraon and sister's daughter- Salo Orain. Choutha Oraon, who was returning with his cattle after grazing them, also saw the three accused persons fleeing away from his house with blood stained Bhujali. The informant was working in his field, when his Bhagina-Mangru Oraon informed him about the incident, whereupon he came and saw the dead body of Rameshwar Oraon in the pool of blood in the veranda of Choutha Oraon. He claimed that accused persons had caused death of his son-in-law Rameshwar Oraon whose dead body was lying at Dhaba (Veranda). Accordingly, Ghaghra (Gumla) P.S. Case No. 59 of 1987 corresponding to G.R. No.450 of 1987 was registered under Section 302/34 of the Indian Penal Code against the accused persons and investigation were taken up. After investigation, Police submitted the charge-sheet. Thereafter, cognizance was taken and ultimately the case was committed to the Court of Session, which was numbered as S.T. No.9 of 1988.
(3.) The prosecution altogether examined twelve witnesses but no witness was examined on behalf of defence. In this case, two prosecution witnesses, namely, Jattu Oraon was examined on 30.08.1991 as P.W.5 and Arjun Gope who was examined on 31.05.1993 was also numbered as P.W.5. For the convenience, Arjun Gope, who has also been examined as P.W.5, is an Advocate Clerk and only a formal witness, who has recognized handwriting and signature of the Investigating Officer who proved the carbon copy of inquest report as Ext.5., be treated as P.W. without any regular number. P.W.1 Sukra Oraon has narrated that in the month of Sawan on Tuesday while he was returning from his school at around 4 p.m., he heard some noise and saw that his brother-in-law was being assaulted by accused persons Sukhram Oraon, Ram Oraon and Birsai Oraon by Bhujali. They also chased his brother-in-law to the house of Choutha. Sukhram was holding small Bhujali whereas Ram Oraon was holding a big sized Bhujali and Birsai assaulted with Gupti on the head, shoulder and upon other body parts and killed him at the spot. This witness also informed his mother (P.W.3) about the incident and they saw the accused persons going away from the house of Choutha Oraon. At that time, Salo Orain daughter of Choutha Oraon was also present in the house. He further stated that thereafter he sent Mangra to inform his uncle Jattu, and when he came, this witness informed him about the occurrence. He has identified the accused persons present in the Court. This witness was cross-examined at length but nothing adverse could be taken from him. P.W.2 Choutha Oraon also deposed in support of the prosecution and stated that while he was returning with his cattle, he heard some noise. Then he ran towards the house and saw Sukhram Oraon, Ram Oraon and Birsai Oraon coming out from his house and Birsai Oraon was holding Gupti and rest two were holding blood stained Bhujali. He went inside the house and saw the body of Rameshwar Oraon in the Dhaba of his house. This witness was informed by his daughter Salo that Sukhram Oraon, Ram Oraon and Birsai Oraon had killed Rameshwar Oraon. In the night of Tuesday, he went to Police Station where Daroga Ji wrote his statement and the same was read over to him and this witness and Jattu Oraon had put their thumb impression. The Investigating Officer has also recovered two covers of Bhujali near the Tamarind tree near his house and the blood stained soil was also seized. The seizure list was prepared, on which he has put his thumb impression. He has identified the accused in Court. During crossexamination, he replied that he was returning with his cattle and while he was near to his house, he had seen accused persons coming out from his house holding Gupti & Bhujali. After entering into the house he could see that Rameshwar was lying in pool of blood. This witness has fully supported the prosecution case. P.W.3 Smt. Dhundhli Orain is mother-in-law of the deceased Rameshwar Oraon who deposed in support of the prosecution case. She was informed by Sukra Oraon that these accused persons were assaulting her son-in-law, Rameshwar Oraon whereupon she came to the house of Choutha Oraon and saw the dead body. Choutha Oraon and Salo were also present there. P.W.4 Mangru Oraon is the brother of Birsai Oraon whose husband was murdered, who saw that his sister was weeping there. He was informed by Birsai that his brother-in-law was murdered and was asked to call her father, then he went to call his uncle at the field, who came along with him. He has stated that he was not informed by anybody who had killed his brother-in-law. P.W.5 Jattu Oraon has narrated the incident in detail. He deposed that he was working in his field and was called by Mangru, stating that Sukhram Oraon, Ram Oraon and Birsai Oraon had murdered Rameshwar Oraon and his dead body was lying in the house of Choutha. He went there and saw the dead body of Rameshwar where other witnesses were also present. There he was informed by Sukhram and Salo that these accused persons had killed Rameshwar. He informed the incident to the Chowkidar who also came at the place of occurrence and both went to Police station. He narrated the incident before the Daroga Ji who has noted his statement upon which he has also put his thumb impression. He recognized the accused persons present in the court. P.W.6 Gede Oraon is a witness of seizure list by which the blood stained soil from the house of Choutha Oraon was seized upon which he had put his thumb impression. P.W.7 Dr. Hemant Kumar, Civil Assistant Surgeon, Sadar Hospital, Gumla had conducted the post-mortem upon the dead body of Rameshwar Oraon aged about 25 years and found the following injuries:- I. Incised wound on the left parietal region of the head 6" X 1" X 3" with fracture of underlying bone, brain and meninges also cut, blood clot present. II. Incised wound over left fronto parietal region of the head 1 ½" X 1/2" X scalp deep. III. Incised wound on left side of the face lateral to left eye 1 ½" X 1/2" X 1/2". IV. Incised wound right post auricular region of the head 1" X 1/2" X scalp deep. V. Incised wound at parieto occipital region of the head 1" X ½" X scalp deep. VI. Incised wound on the right shoulder region 6"X 1"X 3" with fracture for scapula bone. VII. Incised wound at right arm 1" X 1/2" X 1/2". In his opinion, injury nos.2, 3, 4, 5 and 7 were simple in nature but injuries nos.1 and 6 were grievous in nature. Injury no.1 was sufficient to cause death in ordinary course of nature. The cause of death was shock and hemorrhage. He proved post-mortem report as Ext.1. During cross-examination, he stated that injury no.1 may be caused by Bhujali. The size of blade of Bhujail by which this injury was caused may be between 4-5 inches. He further stated that nothing was found in small intestine, but 100 ml. of watery fluid found in stomach which may be formed just after taking meal. P.W.8 Smt. Salo Orain is eye witness of the incident. She narrated prosecution version. She was cleaning rice outside Dhaba of her house then she saw Sukhram Oraon, Ram Oraon and Birsai Oraon assaulting Rameshwar. Rameshwar entered into the Dhaba and accused persons had assaulted with Bhujali and Gupti as a result he fell down near the cooking place. Thereafter, witnesses reached there. She recognized accused persons present in the court. This witness properly replied during cross-examination. P.W.9 Prahlad Sahu, Advocate Clerk proved the formal F.I.R. as Ext.2 and P.W.10 Baisaku Indwar also an Advocate Clerk proved the case diary as Ext.3. Arjun Gope, who has been wrongly numbered as P.W.5 also an Advocate Clerk proved the inquest report as Ext.5 and P.W.11 Puneshwar Prasad, Advocate Clerk has proved charge-sheet as Ext.4. P.W.12 Bhukhan Lohra, Chowkidar No.3/1 Ghaghra Police Station stated that occurrence is about eight years ago. On Tuesday when he was in his residence, Jattu and Choutha came to his house and stated that his son-in-law has been killed in his house. He was not informed as to who had killed the deceased. He went there and after seeing the dead body he gave information to the Police Station.;