R.R.PRASAD, J. - (1.) AFORESAID four appellants were put on trial to face charges under Sections 302/449/380 read with Sections 34 and 120B of the Indian Penal Code on the allegation of committing murder of as many as eight persons, namely, Haneef Khan, Gufran Khan, Imran Khan, Danish Khan, Anish Khan, Maherban Khan, Yusuf Khan, Kasumanbibi and also for committing theft of Pass -book, documents relating to land, cash etc. from the dwelling house of the informant. Learned trial court while acquitting other seven persons of all the charges did find the appellants guilty for the offence under Sections 302/449/34 of the Indian Penal Code and awarded death sentence to them and also sentenced each of them to pay fine of Rs. 500/ -with default clause for the offence under Section 302/34 of the Indian Penal Code but seems to have been wrongly recorded as Section 302 of Indian Penal Code and further sentenced each of them to undergo rigorous imprisonment for ten years and also to pay fine of Rs. 500/ -for the offence under Sections 449/34 of the Indian Penal Code though wrongly recorded as Section 449 of Indian Penal Code and in default to undergo simple imprisonment for one month. 10/5/2014 Page 64 Ram Kishore Sahu Versus State Of Jharkhand
(2.) THE case of the prosecution is that on 6.6.2007 while one Haneef Khan (deceased), son of the informant, Gaffar Khan, P.W. 1, was offering Namaz at about 8:30 p.m. in the mosque at Village Makandu along with others, these appellants, who are none else than the sons and grandsons of the informant, came over there with sword, tangi, bhujali and spade and assaulted Haneef Khan as a result of which, he died at the spot. Thereafter, Gufran Khan @ Pala and Imran Khan when after hearing cries of his father came out of the house, these appellants and others also assaulted them with the weapons which they were holding as a result of which, both of them died in front of their house. Thereupon, the appellants and others entered inside the house of the informant and committed murder of Kasuman Bibi, wife of deceased -Haneef Khan, and her four sons, namely, Anish Khan (aged about 5 years), Danish Khan (aged about 8 years), Yusuf Khan (a handicapped and aged about 18 years) and Maherban Khan (aged about 12 years). After committing murder of those persons, all the accused persons left the house after extending threat not to inform the police otherwise they will meet the same fate. They also took away certain documents relating to the land, Pass -book, jewellery etc. The informant, Gaffar Khan, P.W. 1, who was at Lohardaga, when was informed by someone, he came to his village in the next morning at about 6:00 a.m. and saw the dead -body of Haneef Khan lying at the mosque, whereas the dead - bodies of his grand sons, namely, Gufran Khan @ Pala and Imran Khan, were lying in front of his house and the dead -bodies of his daughter -in -law, namely, Kasuman Bibi, and her four sons were lying inside the house and then he was informed by his wife -Jainub Khatoon, P.W. 2, about the manner in which accused persons committed the said offence. Meanwhile, Chowkidar of Village Makandu informed about the occurrence to the Officer In -charge of Kuru P.S. at about 6 O'clock on 7.6.2007 telephonically upon which Sanha was entered on the Station Diary and the Officer In -charge, Shambhu Nath Singh, P.W. 13, rushed to the place of occurrence and recorded the fard -beyan (Ext. 6) of the informant, Gaffar Khan, P.W. 1, upon which a case was registered and a formal FIR (Ext. 7) was drawn. Shambhu Nath Singh, P.W. 13, himself took up the investigation and held inquest on the dead -bodies of Haneef Khan, Gufran Khan, Imran Khan, Danish Khan, Anish Khan, Maherban Khan, Yusuf Khan, Kasumanbibi and prepared Inquest Reports which have been proved as Ext. 8 to 8/7 respectively and the dead -bodies were sent for post mortem examination. Meanwhile, the Investigating Officer inspected all the three places of occurrence where he found earth smeared with blood and also found plaster at the mosque smeared with blood, piece of plaster as well as earth smeared with blood were seized under Seizure List (Ext. 9 to 9/3). The Investigating Officer also found a plastic Mat smeared with blood at the mosque which was seized under Ext. 9/4. Next day, the Investigating Officer also seized a tangi (Ext. I) smeared with blood from the house of accused -Kariman Khan @ Kari Khan which was seized under Seizure List (Ext. 9/5). On receiving the dead -bodies, Dr. Arvind Kumar Arya, P.W. 8, held autopsy on the dead -bodies of all the deceased and found injuries on their persons which are being noted hereunder: Haneef Khan: (i) There was almost circular sharp cutting injury involving just above the tip of nose going on both sides posterior aspect of head showing fracture of concerned bone and laceration of brain matter with accumulation of blood and blood clot all around where found. (ii) Sharp cut injury on left middle and ring finger with fracture of middle finger bone. (iii) Stab injury on left side of chest lower side. Size c.m. x 1 c.m. muscle deep. According to the doctor, all the injuries were caused by sharp cutting substance or weapon like sword, tangi and bhujali and the death of the deceased occurred on account of shock and hemorrhage due to injury on the vital organ like brain. Gufran Khan: (i) There is sharp cutting injury on the posterior side of head which extended to upper part of left ear. Size was 6" x 2.5" into bone deep with fracture of concerned bone and brain matter came out. (ii) There was sharp cut injury on left cheek size 3" x 1/2" x bone deep with fracture of under lying bone maxilla. (iii) There was sharp cut injury on lower chin size 4" x 1" x bone deep with fracture of under lying mandibuler bone and tooth of that came out. (iv) Multiple cut injury on left posterior side of fore arm which was muscle deep. (v) Cut injury on right cheek size 2" x 1" x muscle deep. According to the doctor, all the injuries were caused by sharp cutting weapon like Talwar, Chhura and bhujali and the death of the deceased occurred on account of shock and hemorrhage due to injury on the vital organ like brain. Imran Khan: (i) There was sharp cut injury size 6" x 1"x 1/2" x bone deep and the brain matter comes out and which extends over right side of the head towards posterior side of the head and there was sharp cut injury extending from base of nose to the right eye up to the right temporal area. Size 5" x 1" x bone deep with fracture of concerned bone. According to the doctor, all the injuries were caused by sharp cutting weapons like Talwar, Chhura and bhujali and the death of the deceased occurred due to shock and hemorrhage as a result of injury on the vital organ like brain. Kasuman Bibi: (i) There was sharp cut injury on right side of forehead size 1.5" x 1/2" x bone deep. (ii) There was sharp cut injury posterior side of head size 6" x 1.5" x bone deep and brain matter comes out blood and blood clot present in hair face and neck. According to the doctor, all the injuries were caused by sharp cutting weapons like Talwar, Chhura and bhujali and the death of the deceased occurred due to shock and hemorrhage as a result of injuries on the vital organ like brain. Meharban Khan: (i) There was sharp cut injury on the posterior side of the head, size 6" x 2" x bone deep with fracture of bone from where brain matter comes out. Blood and blood clot present over both the hands and upper part of cloths. According to the doctor, all the injuries were caused by sharp cutting weapons like Talwar, bhujali and Kudal and the death of the deceased occurred due to shock and hemorrhage as a result of the injuries on the vital organ like brain. Danish Khan: (i) There was sharp cut injury on right side of head, size 3" x 1/2"x bone deep with fracture of bone and brain matter comes out (ii) There was sharp cut injury extending from right side of ear to right eye orbit such that right eye comes out. Size 5" x 2" x bone deep with fracture of bone and brain matter comes out. Blood and blood clot present on hair face and upper part of cloths. According to the doctor, all the injuries were caused by sharp cutting weapons and the death of the deceased occurred due to shock and hemorrhage on account of injuries on the vital organ like brain. Anish Khan: (i) There was a sharp cut on right eye or orbit such that eye ball comes out. Size 4" x 2" x bone deep with fracture of underlying bone and brain matter comes out. (ii) (iii) There was sharp cut injury on right cheek size 3" x 1" x bone deep fracture of right side of maxilla. There was sharp cut injury on left cheek extending left side of the head in front of left ear size 4" x 1" x (iv) bone deep with fracture of bone. Blood and blood clot present on hair, T -shirt and upper limbs. According to the doctor, all the injuries were caused by sharp cutting weapons like Talwar, Kudal and Bhujali and the death of the deceased occurred due to shock and hemorrhage caused by the injury on the vital organ like brain. Yusuf Khan: (i) There was sharp cut injury from right ear to lower part of right side of mandible size 4" x 1" x bone deep and bone fracture with brain matter comes out. (ii) Sharp cut injury on left side of cheek, size 5" x 1" x bone deep. Fracture of bone. (iii) Sharp cut injury on left side of neck, size 4" x 1/2 " x skin deep. Blood and blood clot present in hair face and upper part of cloths. According to the doctor, all the injuries were caused by sharp cutting weapons like Talwar, Kudal and Bhujali and the death of the deceased occurred due to shock and hemorrhage caused by the injury on the vital organ like brain. The doctor has proved post mortem reports of the deceased, named above, as Ext. 3 to 3/7 respectively.
(3.) IN course of investigation, the Investigating Officer also got the statements of Mahmood Khan, Islam Khan, Samir Khan, Safru Pawaria, Noor Mohammad, Jainub Khatoon, Moulana Khaleel Ahmad recorded under Section 164 Cr.P.C. which have been proved as Ext. 4 to 4/6.;