High Court
Case Details
Criminal Appeal (D.B.) No. 1246 of 2003 [Arising out of judgment of conviction dated 23.07.2003 and order of sentence dated 24.07.2003 passed by learned 1st Additional Judicial Commissioner, Khunti in Sessions Trial No. 275 of 2002] 1. Shiveshwar Ahir son of Late Birsha Ahir 2. Pawan Ahir son of Panja Ahir Both residents of Karudih, P.S. Bundu, District Ranchi .... …. Appellants .... --Versus-- The State of Jharkhand …. …. …. Respondent For the Appellants For the State : Mr. Ravi Prakash, Advocate : Mr. Vishwanath Roy, Special P.P. ----- PRESENT: SRI ANANDA SEN, J.
Legal Reasoning
SRI GAUTAM KUMAR CHOUDHARY, J. ----- JUDGMENT By Court Appellants are before this Court against the judgment of conviction and sentence under Section 302/34 of the IPC. 2. Informant- Biran Kumari (P.W. 1) is elder sister of the deceased- Budhan Kumari. As per the FIR, she was living together with the deceased, younger sister- Pasupati Devi and her children. To look after the house on agriculture work, one servant namely Budhu Munda (deceased) was also living with them. Parents of the informant had died during her childhood and she was the guardian of the family. The appellants, Radhey Ahir and Chhotu Munda used to allege that deceased- Budhu Munda had illicit relationship with deceased- Budhan Kumari. On 02.02.2001 at 6:00 O’ clock in the evening, appellants, Chhotu Munda and Radhey Ahir came there armed with dangerous weapon like Tangi and lathi and assaulted both of them. Both were indiscriminately assaulted, resulting in critical injury on the vital part of
Decision
the body, in the result, both of them died on spot. When the informant and his family members went to their rescue, they also sustained injury. 3. On the basis of the fardbeyan, Bundu P.S. Case No.8/2001 was 1 registered under Section 302/34 of the IPC against all the four named accused persons. Police on investigation found the case true and submitted charge sheet against the appellants and they were put on trial. During investigation, Radhey Ahir and Chhotu Munda could not be apprehended apprehended by the police and charge sheet was submitted against them showing them to be absconded. 4. Altogether seven witnesses have been examined on behalf of prosecution and the relevant documents including post-mortem examination reports of both the dead bodies have been adduced into evidence and marked as exhibits. After prosecution evidence, statement of the accused persons were recorded under Section 313 of the Cr.P.C. Defence is of innocence. 5. It is argued by the learned counsel on behalf of appellants that wearing apparels of the deceased was not seized during investigation by the Investigating Officer so as to corroborate the oral evidence. Allegation of assault is general against all the four accused persons, two of them absconded during trial and are still at large. 6. Learned A.P.P. has defended the judgment of conviction and sentence. It is submitted that it is a case of honor killing in which double murder was committed. Both these appellants are named in the FIR and the witnesses have fully supported the prosecution case that these two appellants along with the other co-accused persons variously armed with deadly weapon, indiscriminately assaulted the deceased persons and caused fatal injuries, resulting in their death. 7. Homicidal death is proved by the post-mortem examination reports which have been adduced into evidence and marked as Exhibits 6 and 6/1 by the Doctor- P.W. 7. Following ante-mortem injuries were found on each of the dead bodies. Autopsy Surgeon found following ante-mortem injuries on the deceased- Budhan Kumari: - I. Bruise 15 cm x 3 cm at chest back. 2 II. Lacerated wound: - A. 12 cm x 8 cm x bone deep, left chest with fracture of left orbital bone and left zygomatic bone. B. 9 cm x 4 cm x scalp deep, left parietal region of head with scalp flapping. C. 5 cm x 2 cm x scalp deep and 4 cm x 2 cm x scalp deep on right parietal region of head. On internal examination, there was diffused contusion of fronto- parietal scalp on both sides with crack fracture of right parietal bone and separation of coronal structure. Doctor opined that the death was due to head injury caused by hard and blunt substance such as lathi and blunt portion of Tangi. Autopsy Surgeon found following ante-mortem injuries on the deceased- Budhu Munda: - I. Abrasion: - A. 5 cm x 3 cm, 3 cm x 2 cm on right shoulder top. B. 2 cm x 2 cm left elbow back. C. 5 cm x 3 cm front part of neck. D. 3 cm x 3 cm left cheek. E. 2 cm x 1 cm on bridge of nose. II. Lacerated wound: - A. 3 cm x 2 cm x bone deep on right wrist front with fracture of right radius and ulna bone. B. 4 cm x 2 cm x scalp deep, left parietal region of head. On internal examination, Doctor found that there was laceration of spleen with presence of blood and blood clots in abdominal cavity. There was contusion of left fronto occipital scalp with contusion of brain and presence of abdominal blood and blood clots over both sides of brain. Doctor opined that death was due to above injuries caused by hard and blunt substance such as lathi. 3 8. With regard to the ghastly offence in which the deceased persons were done to death by the appellants, P.W. 1, P.W. 2, P.W. 3 and P.W. 4 are the direct eye witnesses. All these witnesses are natural witnesses as the incidence took place in front of the house of the informant. Oral account regarding the place of occurrence is corroborated by the Investigating Officer (P.W. 6) in para 3. All these witnesses have consistently stated that these appellants along with the other co-accused persons had inflicted fatal injuries to the deceased persons resulting in their death at the place of occurrence itself. There is nothing on record to disbelieve the account of these witnesses. I do not find any reason to interfere with the judgment of conviction and sentence passed by the learned trial Court. Criminal Appeal accordingly, stands dismissed. Appellants are on bail. Their bails are cancelled and they are directed to surrender before the trial Court within two weeks to serve the remaining part of the sentence. Pending Interlocutory Application, if any, is disposed of. Let the Trial Court Records be transmitted to the Court concerned along with a copy of this judgment. (Ananda Sen, J.) (Gautam Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, 29th November, 2024 AFR/Anit 4