Jharkhand High Court
Awadh Kumar Dangi vs State Of Jharkhand on 19 May, 2017
Equivalent citations: 2017 AJR 749
Author: H.C. Mishra
Bench: Rongon Mukhopadhyay, H.C. Mishra
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Cr. Appeal (DB) No. 1354 of 2016
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 1354 of 2006
(Against the Judgment of conviction dated 3.7.2006 and Order of
sentence dated 4.7.2006 passed by learned Addl. Sessions Judge-Fast
Track Court No.III, Hazaribag, in S.T. No. 43 of 2005).
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Awadh Kumar Dangi ..... ... Appellant
Versus
The State of Jharkhand ..... ... Respondent
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For the Appellant : Mr. Arwind Kumar, Advocate
For the Respondent : Mr. Pankaj Kumar, A.P.P.
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PRESENT : HON'BLE MR. JUSTICE H. C. MISHRA
HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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By Court:- Heard learned counsel for the appellant and learned counsel
for the State.
2. The appellant Awadh Kumar Dangi is aggrieved by the Judgment of conviction dated 3.7.2006 and Order of sentence dated 4.7.2006, passed by learned Additional Sessions Judge, Fast Track Court-III, Hazaribagh, in S.T. No.43 of 2005, whereby, the appellant, who is husband of deceased, has been found guilty and convicted for the offences under Sections 302 and 201 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo life imprisonment and fine of Rs.5000/- for the offence under Section 302 of Indian Penal Code and he has been further sentenced to undergo imprisonment for seven years and fine of Rs.5000/- for the offence under Section 201 Indian Penal Code, and both the sentences were directed to run concurrently.
3. According to the prosecution case, the deceased Girija Devi had been married to the appellant about 10 to 12 years prior to the occurrence. Out of the wedlock, they had three children, two daughters and one son. It is alleged that the appellant and his cousin were working at Punjab, where the appellant developed illicit relationship with the wife of his cousin and thereafter, he started subjecting his wife to cruelty and torture. The deceased Girija Devi also went to Punjab to live with her 2 Cr. Appeal (DB) No. 1354 of 2016 husband about six months prior to the occurrence. It is alleged that during Durga Puja of the year 2004, the deceased had come to her parents' place along with her husband. On 22.10.2004 in the night the appellant and his wife went to see Durga Puja Mela at Deokuli in the night and when by the morning, they did not return back, the search was made. It is alleged that when the informant Kamal Mahto, reached near the well at Kakrola Badh, the slipper of the deceased was found near the well and there were marks of dragging in the nearby paddy field. The informant, thereupon called his other family members and the dead body of the deceased was found in the well, which was taken out of the well. There were marks of violence on the dead body. The informant has alleged that due to illicit relationship with his cousin's wife, the appellant had taken away the deceased on the pretext of visiting the Durga Puja Mela, and had committed the murder of his wife by strangulating her and had thrown the dead body in the well for concealing the evidence. The dead body of the deceased was brought to the Police Station, where the fardbeyan of the informant Kamal Mahto, who is father of the deceased, was recorded to the aforesaid effect on 23.10.2004, on the basis of which, Ichak P.S. Case No. 102 of 2004 corresponding to G.R. No. 2611 of 2004 was instituted and investigation was taken up. Upon investigation of the case, the police submitted charge-sheet after arresting the appellant.
4. After commitment of the case to the Court of Session, charge was framed against the appellant for the offences under Sections 302 and 201 of the Indian Penal Code, and upon the appellant's pleading not guilty and claiming to be tried, he was put to trial. In course of trial the prosecution has examined eight witnesses in the case. No witness has been examined on behalf of defence.
5. P.W.-2 Kamal Mahto, is the informant and the father of the deceased. This witness has stated that his daughter Girija Devi was married to the appellant and they had three children. He has stated that the appellant had kept his daughter at Punjab for about 2-4 years and he had brought her to his place and taken her on the pretext of going to Durga Puja Mela and committed her murder and threw the dead body in 3 Cr. Appeal (DB) No. 1354 of 2016 the well. When they did not return till morning, search was made and the slipper of the deceased was seen near the well. Thereafter the dead body of the deceased was taken out of the well and it was also taken to the police Station. This witness has stated that his son-in-law had illicit relationship with his cousin's wife, due to which he had committed the murder. In his cross-examination, he has stated that information about the illicit relationship or of assault was not given anywhere earlier.
6. P.W.-6 Faguni Devi, is the mother of the deceased and she has also stated that the deceased was married to the accused present in the Court, and he had taken his wife to Punjab. After six months he had brought her on the occasion of Durga Puja and in the night of Navami, he had taken the deceased on the pretext of seeing Mela and thereafter they did not return back. She has stated that the accused Awadh Dangi had committed the murder of her daughter and had thrown the dead body in their well and thereafter the accused had fled away to Punjab. The dead body of the deceased was taken out from the well. She has also stated that the offence was committed due to illicit relationship of the accused with his cousin's wife. In her cross-examination, she has denied the suggestion that at the time of occurrence the appellant was in Punjab, rather, she has stated that he committed the murder and fled away to Punjab.
7. P.W.-1 Budhan Mahto, is the brother of the deceased and he has also supported the prosecution case as stated by the informant P.W.-2 Kamal Mahto, stating that due to illicit relationship between the accused and his cousin's wife he had committed murder of his sister, taking her away on the pretext of visiting Mela and he committed the murder by strangulating her and had thrown the dead body in the well. In the morning the dead body was recovered. He has also stated that the inquest report of the dead body was prepared by the police, on which, he had also put his thumb impression and the same was marked as Ext-I. He has also stated that the fardbeyan contains the thumb impression of this witness and his father. On being cross-examined by the defence, he has stated that after committing the murder, the accused had fled away to Punjab, and this witness had brought him from Punjab.
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8. P.W.-5 Lakshmi Devi, is the sister-in-law (Bhabhi) of the deceased and she has also supported the prosecution case, as stated by the other family members, i.e., P.W.-1 Budhan Mahto, P.W.-2 Kamal Mahto and P.W.-6 Faguni Devi.
9. P.W.-3 Mahabir Prasad Kushwaha, is the neighbour of the deceased and P.W.-4 Deepak Prasad @ Deepak Kumar, is the co-villager of the deceased, and these witnesses have also supported the prosecution case that the deceased was done to death by the appellant due to illicit relationship with his cousin's wife. They have also stated that the appellant had brought the deceased to her parents' place and had taken her away in the night on the pretext of showing Durga Puja Mela, and when they did not return till morning, search was made and the dead body was found in the well of the informant at Kakrola Badh, situated at a distance of about one kilometer from the village. P.W.-3 Mahabir Prasad Kushwaha is also a witness to the inquest report, as also to the fardbeyan of the informant.
10. P.W.-7 Uttam Chand Pandey, is the I.O. of the case, who has stated that the fardbeyan of the informant was recorded by the Officer-In-charge of the police station and the charge of investigation of the case was given to him. The inquest report of the dead body was also prepared. This witness has given the description of the place, from where, the dead body was found and has stated that the well belonged to the informant, which was situated at a distance at about one kilometer from the house of the informant at Kakrola Badh. The well and adjoining agriculture field were bounded by boundary wall. By the side of the well, there is paddy field of the informant, in which, there were dragging marks. He has also stated that the clothes of the deceased were also taken out from the well, but they were not seized by him. The dead body was sent for post-mortem examination. He has also stated that the accused was arrested and charge-sheet was submitted. However, this witness has not stated as to from where the accused was arrested, and for that, we have taken the help of case diary, which shows that the accused was produced in the police station itself, by the informant and other witnesses. This witness has proved the fardbeyan, which was 5 Cr. Appeal (DB) No. 1354 of 2016 marked as Exhibit-2/A, the formal FIR, which was marked as Exhibit-2/B and the inquest report, which was already marked Exhibit-I. In his cross-examination, this witness also stated that the dead body was brought by the informant and other persons at the police station itself.
11. P.W.-8 Amitav Ganguli, is the Medical officer of Sadar Hospital, Hazaribag, who had conducted the post-mortem examination on the dead body of the deceased on 24.10.2004 and had found the following ante-mortem injuries on the dead body:-
" (i) Eye closed, mouth partly open, rigor mortis seen from upper to lower limb;
(ii) Bruise 1"x ¼" left side of neck below thyroid cartilage;
(iii) Bruise ½" x ¼" on right side of neck below thyroid cartilage;
(iv) Bruise ¼" x ¼" in front of thyroid cartilage;
(v) Bruise 3" x ½" left side of neck near root;
(vi) Lacerated injury ¼"x ¼" x ¼" over left lobe of the ear;
(vii) Abrasion ½"x ½" over right shoulder;
(viii) Abrasion 1" x 1" over left elbow;
(ix) Abrasion 2" x 1" over right lower back;
(x) Abrasion 1" x ½" over left knee;
On dissection, lungs both were congested. Heart right chamber contained blood clot and left chamber was empty. Liver spleen & kidneys were intact and congested. Stomach valve was normal and contained 2 oz of mucloid fluid. Uterus was non gravid. On dissection of neck muscles of neck was contused and haematoma seen;
mucosa over the thyroid cartilage were highly congested and heamatoma seen. Cornua of the thyroid cartilage was broken."
This witness has stated that the death was caused by asphyxia due to throttling. He has identified the post-mortem report to be in his pen and signature, which was marked as Exhibit-3. In his cross-examination, this witness has stated that the injuries found on the dead body were not possible by fall in the well. There was no water in the stomach and no food material was found in the stomach.
12. Thus, from the evidence on record, it is apparent that there is no eyewitness to the occurrence and the case rests only on the circumstantial evidence.
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13. Learned counsel for the appellant has submitted that the appellant has been falsely implicated in this case. The appellant was working at Punjab and his wife was at her parents' place where she had died. Learned counsel has drawn our attention to the statement of the accused recorded under Section 313 of the Cr.P.C., wherein he has stated that he was apprehended at Punjab and when he was brought to the Police Station, he came to know that his wife had died. Learned counsel accordingly, submitted that the evidence of the prosecution witnesses, who are mainly the family members of the deceased and the interested witnesses, stating that the accused had also come along with his wife on the occasion of Durga Puja cannot be believed. Learned counsel further submitted that there is no eyewitness to the occurrence and there is no independent witness, who had come to say that they had seen both wife and husband going together in the night of the alleged occurrence. Learned counsel submitted that there is no cogent evidence to the fact that there was any illicit relationship between the accused appellant and his cousin's wife and all these allegations have been made only in order to falsely implicate the appellant. It is lastly submitted by learned counsel that the chain of circumstance in the present case is not at all complete, so as only to prove the guilt of the appellant, and in any event, in the facts of the case, the appellant is entitled at least to the benefits of doubt.
14. Learned counsel for the State, on the other hand, has opposed the prayer and has submitted that the chain of circumstance in the case is complete and the prosecution has been able to prove the charge against the appellant beyond all reasonable doubts. It is submitted that the first circumstance of committing the murder is the illicit relationship of the appellant with his cousin's wife and all the witnesses have stated about this. It is further pointed out that all the prosecution witnesses have stated that on the occasion of Durga Puja the deceased had brought his wife to her parents' place and in the night of occurrence, he had taken her along with him on the pretext of showing Durga Puja Mela, but when they did not return back till morning, search was made and the dead body of the deceased was recovered from the well with 7 Cr. Appeal (DB) No. 1354 of 2016 ante-mortem injuries. Learned counsel accordingly, submitted that the chain of circumstance is so complete that it points only towards the guilt of the appellant and accordingly, there is no illegality in the impugned Judgment of conviction and Order of sentence passed against the appellant.
15. Having heard learned counsels for both the sides and upon going through the record, we find that there is no eyewitness to the occurrence. The case rests only on the circumstantial evidence and it is an admitted fact that the appellant was working for his livelihood at Punjab. It has also come in the evidence that the wife was also living with the appellant at Punjab, but the fact remains that P.W.-2 Kamal Mahto, who is father of the deceased, and the informant in the case, had stated in his evidence that both the husband and wife had lived at Punjab for about 2 to 4 years, whereas in his fardbeyan and in the evidence of P.W.-6 Faguni Devi, who is mother of the deceased, it is stated that his daughter had lived at Punjab only for six months. Thus, there is discrepancy in the evidence of two very important witnesses, and it creates a doubt, whether the deceased had gone to Punjab to live with her husband, and she was actually brought by her husband to her parents' place a few days prior to the occurrence. Though the witnesses have stated that during Durga Puja of the year 2004, the appellant had brought his wife back from Punjab and in the night of 22.10.2004, he had taken the deceased along with him on the pretext of showing Durga Puja Mela, but the fact remains that there is no evidence on the point to show that anyone had seen the deceased and the appellant going together in the fateful night. In the evidence it has not come as to from where the appellant was apprehended, for which we had looked into the case diary, which shows that the appellant was apprehended and was produced at the police station by the informant and his family members. In his cross-examination, P.W.-1 Budhan Mahto, the brother of the deceased has stated that after committing the murder, the accused had fled away to Punjab, and he had brought him from Punjab. It is the case of the appellant also, in his statement recorded under Section 313 of the Cr.P.C., that he was apprehended at Punjab and brought to Police 8 Cr. Appeal (DB) No. 1354 of 2016 Station and then he came to know about the death of his wife. We also find from the record, that everything in this case has been done by the informant and his family members only, and practically there is no investigation by the police, except recording the statements of the witnesses. The dead body of the deceased was brought by the family members of the deceased to the Police Station and even the accused was brought from Punjab and produced before the police by the family members.
16. We are of the considered view that in the evidence on record, there are broken links in the chain of circumstances, which is not so complete so as to point out only towards the guilt of the appellant. We find that in the present case, the appellant was entitled at least to the benefits of doubt.
17. In view of the aforesaid discussions, the impugned Judgment of conviction dated 3.7.2006 and Order of sentence dated 4.7.2006, passed by learned Additional Sessions Judge, F.T.C-III, Hazaribag, in S.T. No. 43 of 2005, are hereby, set aside. The appellant Awadh Kumar Dangi, is given the benefits of doubt and he is acquitted of the charges. The appellant is in custody, he is directed to be released forthwith, if his detention is not required in any other case. Let the release order of the appellant be issued forthwith in this case.
18. This appeal is accordingly allowed. Let the Lower Court Records be sent back to the Court concerned forthwith, along with a copy this Judgment.
(H.C. Mishra, J.) (Rongon Mukhopadhyay, J.) Jharkhand High Court, Ranchi Dated the 19th May, 2017 NAFR/ R.Kr.