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Judgment
Heard, the parties.
This appeal arises out of the judgement of conviction dated 29.1.2003 and the order of sentence dated 30.01.2003 passed by learned Additional Sessions Judge, FTC-III, Gumla in S.T. No. 84 of 2000 by which, the appellants were convicted u/s 302/149 of the Indian Penal Code and sentenced to undergo R.I. for life.
The prosecution case, in short, is that Sukra Oraon- informant-P.W.-7 gave a Fard beyan on 10.11.2009 (Ext.-2) that in the intervening night of 9/10-11-99 at about 8 PM, Katchu Oraon (deceased), informant and his family members were sleeping in their house. On hearing the sound of knocking, the informant woke up and heard that his co-villager Ghusa Oraon (appellant No. 1) was saying that the vehicle has come for taking "Kanda" (sweet potato), which was lying in the field. On hearing this, the informant''s brother Katchu Oraon opened the door and he followed Ghusa Oraon. The informant also followed him. When Ghusa Oraon and Katchu Oraon reached near the house of Charu Oraon, suddenly Domna Oraon (appellant No. 2) and 4-5 unknown persons came there and assaulted Katchu Oraon by means of Tangi and Baluwa, due to which, the deceased fell clown on the earth. Then Ghusa Oraon assaulted Katchu Oran with Tangi behind his neck two -three times and Domna Oraon assaulted the deceased by means of Tangi on his head. The informant, became afraid. He returned to his house and informed about the same to his family members. On hearing hulla, villagers came and it was about 1:30 A.M. in the night. It was alleged that there was enmity with respect to land between, the informant and Ghusa Oraon, Domna Oraon and other accused persons (acquitted) and a few days back, they threatened that they will kill any one of his family. (sic). report (Ext-3) and seizure list of blood stained earth (Ext. 4) were prepared and charges were framed under Sections 302/149 and 147 of the IPC against the accused persons. They have pleaded not guilty and faced to trial. The trial court acquitted six other accused persons giving them benefit of doubt and the present appellants were convicted as aforesaid.
The prosecution has examined 8 witnesses. The trial court found that P.W.- 7, Sukra Oraon-informant is the eye witness, who has fully supported the case of the prosecution. P.W.- 2 is the Doctor, who conducted post mortem to the deceased. P.W.- 8 is the I.O. of this case.
Learned counsel appearing for the appellants'' assailed the impugned judgment on various grounds.
On the other hand, the learned APP supported the impugned judgment.
P.W.-2, the Doctor, who conducted the postmortem, found the following injuries on the person of the deceased:
(1) One incised wound about 8"x 3"x 4" over right side of ace and neck extending backwards from lateral to right orbit of neck with cutting of skin, tissue, muscles all grant vessels, nerves and right side of mandible and servical vertebrate at the level of C1 with laceration of spinal cord. (2) one incised, would about 5"x2"x3" over right temporal occipital region of skull with cutting of full thickness of bone and laceration of meninges and brain matter.
The doctor opined that both the injuries were grievous and antemoterm in nature and caused by sharp cutting weapon such as Tangi and Baluwa. According to him injury No. 1 was sufficient to cause death either singly or in combination with the other injury and cause of death was due to shock and heamorrhage. He also opined that the injuries might have been inflicted in standing position. The other P.Ws also supported the case of the prosecution. They have clearly stated that there was a land dispute between the appellants & others accused persons (acquitted) and the family of the deceased and a few days before, the family of the deceased was threatened with dire consequences. F.W.-7 specifically stated that appellant, Ghusa Oraon, inflicted 2-3 injuries behind of neck of the deceased by means of Tangi. injury was found on the back of neck by the Doctor. The informant further alleged that the appellant, Domna Oraon assaulted the deceased with Tangi on the head of the deceased which injury was also found by the Doctor. The Doctor opined that both the injuries were grievous and were caused by sharp cutting weapon such as Tangi and Baluwa. Thus the medical evidence fully supports the case of the prosecution. P.W.- 7 has withstood the test of cross examination. The case of the prosecution can not be brushed aside on the ground that 2-3 injuries on neck were not found, as alleged by P.W.- 7. The learned counsel for the appellants submitted that proper questions were not put while recording statements u/s 313 Cr. P.C. He relied upon the case of Lattu Mahto and Another Vs. The State of Bihar (Now Jharkhand), . That case is of no help to the appellants. It has been observed therein that "it was not the case the prosecution that the appellants had committed murder of Budhu Mahto" and "P.Ws. 4, 5 and 6 did not speak a word about the appellants having assaulted any one of them, so far as the charge u/s 326 IPC is concerned". In that circumstance, it was observed that appropriate questions were not put during the course of examination u/s 313 Cr. P.C. We are satisfied that in the present case, appropriate questions were put during the course of examination of the appellants u/s 313 Cr. P.C. and on that ground, the conviction of the appellants can not be set aside.
In the result, the impugned judgment is confirmed. Accordingly, this appeal is dismissed.