Jharkhand High Court
Damu Purty And Ors. vs State Of Bihar (Now Jharkhand) on 17 December, 2002
Equivalent citations: [2003(2)JCR316(JHR)]
Author: Lakshman Uraon
Bench: Vishnudeo Narayan, Lakshman Uraon
JUDGMENT Lakshman Uraon, J.
1. All the three appellants have preferred this appeal against the judgment and order of conviction and sentence dated 28th November, 1989, passed by Smt. Shakuntala Sinha, 2nd Additional Sessions Judge, Singhbhum at Chaibasa, in Sessions Trial No. 401 of 1987. whereby and whereunder, each of them have been convicted under Section 302/34 and Section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Section 302/34 of the Indian Penal Code and further to pay fine of Rs. 1000/- each, in default whereof to undergo simple imprisonment of six months. They have further been sentenced to undergo rigorous imprisonment for seven years for the offence punishable under Section 201 of the Indian Penal Code. However, both the sentences have been directed to run concurrently.
2. The prosecution case, as per the information given by the informant Govind Chandra Purty, is that on 29.8.1987 in the evening at about 7.00 p.m. he was returning to his home Chaibasa. On his way he met Budhram Jamuda of Village-Nugri, who informed that Vishnu Tamaria was murdered by Damu Purty (Sarpanch), Selai Purty and Antu Purty in the night of 28.8.1987 at about 11.00 p.m and the dead body was buried in a field of Village-Narsanda. Ex. M.P. Moran Singh Purty (PW 8), Kuwar Tamaria and Dakhin Tamaria also informed the informant that on 28.8.1989 (Friday) at about 10.00 p.m. Vishnu Tamaria (deceased) had picked up a quarrel with Bagun Tamaria. Bagun Tamaria reported about that quarrel to Sarpanch (appellant Damu Purty) at that very night. On getting information, Sarpanch Damu Purty, Selai Purty and Antu Purty went to the house of Vishnu Tamaria and brought him to the house of the Sarpanch Damu Purty. All the three appellants caused murder of Vishnu Tamaria by assaulting him and thereafter, they buried the dead body in the ridge of the field of Village Narsanda. On the basis of the information (Ext. 3), given by the informant, a case was registered against all the three appellants. The learned trial Court besides the circumstantial evidence, as there is no eye-witness in respect of assaulting Vishnu Tamaria till his death, also considered the confessional statement, made by the accused persons (appellants) before the Village Manki and Munda (PWs 3 and 4), leading towards recovery of the dead-body as also Lathi, which was used to cause murder of Vishnu Tamaria, supported by the witnesses PW 8 Moran Singh Purty (Ex. M.P.) and the evidence of the doctor, who conducted the post-mortem examination.
3. Firstly I take up the genesis of the alleged occurrence, as there is no eye-witness to connect the circumstantial evidence without any break of chain till causing of murder and recovery of the dead-body as also lathi, used to cause murder of Vishnu Tamaria. PW 1 Govind Chandra Purty (informant) has not stated that Budhram Jamuda had disclosed him the names of the assailants. As such, he was declared hostile by the prosecution. However, he was also informed by Ex. M.P. Moran Singh Purty (PW 8) that Vishnu Tamaria had picked up quarrel with Bagun Tamaria. Bagun Tamaria reported the matter to Sarpanch (appellant Damu Purty). Thereafter, all the appellants went to the house of Vishnu Tamaria and brought him by roping to the house of Damu Purty and tied him with Sahjan tree in the Angan and assaulted him with lathi till he died. After his death, the dead-body was buried in the field of the appellant Damu Purty (Sarpanch) and subsequently when the matter was informed to PW 3 Guna Ram Manki, he apprehended the appellants Damu Purty and Selai Purty, who confessed their guilt in his presence and in presence of PW 4 Ganesh Tuti alias Gone and on their indication, the dead-body of Vishnu Tamaria was recovered. Ex. M.P. Moran Singh Purty (PW 8) asked the village Dalpati to inform the police and on information, the police came and the dead-body was exhumed in presence of the I.O. and B.D.O. on 30.8.1987. In presence of these witnesses i.e. PWs 3 and 8 as also PW 4 inquest report was prepared by the I.O. The villagers, had apprehended the appellant Damu Purty (Sarpanch), who was assaulted by the villagers. There was blood coming out from the mouth of the appellant Damu Purty. On his indication, the I.O. seized the bamboo lathi and prepared seizure list (Ext. 1/4).
4. These witnesses have stated that Bagun Tamaria was given fists blows by the deceased, who had gone to intervene the quarrel in between Ganesh Tuti alias Gone (PW 4) and his son deceased Vishnu Tamaria. He (Bagun Tamaria) informed the Sarpanch Damu Purty whereupon the Sarpanch along with Selai Purty and Antu Purty, who are related with each other, brought Vishnu Tamaria to the house of Sarpanch Damu Purty, roping him, and they assaulted him in the Angan till he died. Thereafter, his dead-body was buried in a ridge of the field of Damu Purty itself. PW 2 who is the wife of Damu Purty (appellant) has given a go by to her earlier statement, made before the I.O., only because she is the wife of Damu Purty and she did not dare to depose against her husband to send him jail on conviction. Thus the genesis of the alleged occurrence has well been proved by the prosecution.
5. Though there is no eye-witness of the alleged assault on Vishnu Tamaria, resulting his death, but PW 4, who is the father of the deceased, has deposed that during the day hours at about 10.00 a.m. he had some altercation with his son Vishnu Tamaria regarding money matters. On hearing their altercation, Bagun Tamaria went there and tried to intervene in the matter. Deceased Vishnu Tamaria reacted that it was a matter between father and son and why he had intervened and gave fist blows on his head, resulting bleeding injury. Thereafter, Bagun Tamaria informed the alleged assault on his person to Damu Purty. Damu Purty along with Selai Purty, his brother, and relative Antu Purty went to the house of Vishnu Tamaria. They roped him, which was seen by PW 4 and was taken to the house of Damu Purty. As in the night Vishnu Tamaria did not return the home, hence PW 4 informed the matter to Mukhiya in the morning that his son had been taken by the appellants, after being roped. In the morning the villagers went to the house of Damu Purty. But when he did not answer, then the villagers insisted, threatened and assaulted and then he confessed that Vishnu Tamaria was brought to his Angan and was tied with Sahjan tree. Thereafter, all the appellants assaulted him with lathi resulting his death and after his death, his dead body was buried in a ridge of his field. The villagers including PWs 3 and 4 went and saw the dead-body of Vishnu Tamaria. Next day when the I.O. along with the B.D.O. went there, then the dead-body was exhumed and it was sent for post-mortem examination.
6. Dr. Rajdeo Prasad Singh (PW 5) has conducted the post-mortem examination on the dead-body of Vishnu Tamaria on 31st August, 1987 at 9.30 a.m. and found bruises over right frontal temporal region. There was bluish colour on the neck and upper chest wall with tongue protruded. On dissection, there was fracture of frontal bone and temporal bone on the right side. The cranial cavity was containing blood. The subcutaneous bruising over the neck and upper chest were found. The abdominal cavity was containing blood and there was rupture of spleen. The doctor opined that nature of weapon used was hard and blunt substance, may be lathi The head injury along with rupture of spleen and asphyxia by pressing the neck were sufficient to cause the death in ordinary course of nature. The cause of death was asphyxia and shock and hemorrhage, due to the above injuries, within 96 hours from the time of post-mortem examination. The post-mortem report was prepared in his pen and signature (Ext. 2). He also opined that asphyxia may be due to pressing of neck by hard and blunt substance, such as lathi. The lathi was seized by the Investigating Officer, on the indication of Damu Purty Sarpanch and seizure list was prepared accordingly.
7. Mr. Anand Sen learned counsel, who has been appointed as amicus curiae to assist the Court has argued that the appellants could not have been convicted and sentenced in absence of any eye-witness. There was no intention of these appellants to commit murder of Vishnu Tamaria, There is no eye-witness regarding carrying of dead-body of Vishnu Tamaria and burying it in the ridge of a field of appellant Damu Purty to warrant conviction of these appellants under Section 201 of the Indian Penal Code. The chain of cir-cumstances as adduced by the witnesses is not reliable. The informant himself is a hearsay witness and the source of information was one Budhram Jamuda who has also not been examined by the prosecution. The extra judicial confession made by these appellants before the Manki and Munda of the Village is inadmissible in evidence as they have got police power. The seized lathi was not produced before the Court. There is delay in lodging the First Information Report. Only the interested witnesses have been examined by the prosecution.
8. The learned APP in course of argument has submitted that the learned Court below has rightly connected the circumstantial evidences forming a chain, leading towards conviction of these appellants, as there is no any other inference regarding the murder of Vishnu Tamaria by any other person other than these appellants.
9. I have already stated above that in the present case there is no eye-witness of the alleged murder of Vishnu Tamaria and burying his dead-body in the field of Damu Purty (Sarpanch). PW 1 is himself a hearsay and hostile witness. PW 2 Kadma Kui (Purty) is the wife of the Sarpanch (appellant Damu Purty). It is quite natural that a wife would not depose against her husband to warrant his conviction to deprive her marital life. Therefore, she was also declared hostile by the prosecution. Her attention was drawn by the prosecution towards the statement made by her before the Investigating Officer in course of investigation. The Investigating Officer (PW 7) has fully corroborated the attention, drawn by the prosecution towards the statement of Kadma Kui (Purty), a hostile witness, who had given a true picture as to why her husband and two other appellants brought Vishnu Tamaria roping him in her Angan and how they tied him with rope with Sahjan tree and assaulted him with bamboo lathi one by one till his death. She was also informed by her husband Damu Purty that the dead-body was buried in his field itself. PW 3 Guna Ram Manki, PW 4 Ganesh Tuti alias Goga and PW 8 Moran Singh Purty are the witnesses before whom the appellants had made extra judicial confession, leading towards recovery of the dead-body and the bamboo lathi through which they assaulted Vishnu Tamaria till his death. PW 8 Ras Mohan Malva is a seizure list witness of bamboo lathi In presence of the witnesses inquest report was prepared. The doctor PW 5 conducted the post-mortem examination on the dead-body of Vishnu Tamaria and found that the cause of death was due to head injury along with rupture of spleen and asphyxia by pressing the neck due to shock and hemorrhage by hard and blunt substance, may be lathi, within 96 hours from the date and time of examination on 31.8.1987 at 9.30 a.m. This time corresponds to the time of the evening of 28th August, 1987 at about 10 to 11 p.m.
10. PW 4 Ganesh Tuti alias Geno is the father of the deceased in whose presence his son Vishnu Tamaria was tied with rope by these appellants and was taken to the house of the Sarpanch Damu Purty. When his son did not return home then in the morning this witness informed the Mukhiya Govind Chand Purty (PW 1). The villagers and others interrogated Damu Purty who along with other two appellants made extra Judicial confession before them and also disclosed about the dead body of Vishnu Tamaria. When the dead-body was seen then the villagers caught hold of Damu Purty and assaulted him which resulted in oozing out of blood from his mouth, which was also witnessed by Moran Singh Purty Ex. M.P. (PW 8).
11. When considered the evidence of the witnesses, I came to the conclusion that the prosecution has connected the circumstantial evidences along with the evidence of PW 4 Ganesh Tuti alias Geno, who is the father of the deceased and who saw his son Vishnu Tamaria being taken by the appellants, roping him. They took him in the Angan of Damu Purty, tied him with Sahjan tree and assaulted him with bamboo lathi one by one and the evidence of PW 5 Dr. Rajdeo Prasad Singh shows that the neck of the deceased was also pressed with hard object and the death was due to asphyxia also, besides the head injury and rupture of spleen. The dead-body was recovered on the confessional statement of the appellants. They also led the villagers to the place where the dead-body of Vishnu Tamaria was buried. When the villagers including the witnesses PWs 3 and 4 saw the dead-body then they caught hold of Damu Purty and Selai Purty. They assaulted Damu Purty (Sarpanch). There was blood coming out from the mouth of Damu Purty. due to assault. Damu Purty and Selai Purty were arrested by Village Manki and Munda and were kept in the house of Village Manki (PW 3). The informant Govind Chandra Purty (Mukhiya of the Village) informed the police. In the next morning the Investigating Officer came along with the B.D.O. and exhumed the dead-body. Inquest report was prepared and post-mortem examination was also conducted on the dead-body. The bamboo lathi, which was used to assault Vishnu Tamaria by these appellants was also recovered. Thus, on 28.8.1987 at about 10 to 11 p.m. when the villagers were sleeping, these appellants went to the house of Vishnu Tamaria on the report of Bagun Jamuda that he was assaulted by Vishnu Tamaria. Damu Purty is the Sarpanch and the other two appellants, namely, Selai Purty and Antu Purty, are close relatives of Damu Purty, who went to the house of Vishnu Tamaria. They caught him, roped him in presence of his father PW 4 Ganesh Tuti alias Geno and took him to his house. On being complained regarding bleeding injury, sustained by Bagun Jamuda, as a result of being given fist blows by deceased Vishnu Tamaria on his forehead, appellant Damu Purty as also other two appellants, who are his close relatives, assaulted Vishnu Tamaria till his death. This is a peculiar circumstance under which a Sarpanch acted in this manner causing murder of Vishnu Tamaria by assaulting him with lathi without any enmity with him. As discussed above, the prosecution has proved its case beyond all shadow of reasonable doubts, connecting the oral evidence of PW 3, PW 4, PW 8 and PW 2. Their statements have connected the circumstantial evidence at each stage to lead only to the conclusion that these appellants are the only persons responsible to cause murder of Vishnu Tamaria and after his death to conceal his dead-body by burying it in the field of Damu Purty itself. The extra-judicial confession made before the Village Manki (PW 3) and Village Munda (PW 4), who have got no police power, as deposed by PW 3 Guna Ram Manki, is sufficient that extra-judicial confession made before them is admissible in evidence. Moreover, the extra-judicial confession made by these appellants led towards recovery of dead-body of Vishnu Tamaria and the bamboo lathi through which Vishnu Tamaria was assaulted, resulting his death. It also indicates that the neck of Vishnu Tamaria was pressed with bamboo lathi and hence he could not raise any hue and cry and at about mid night he was done to death silently. As it was night and the place of occurrence is Village-Chhota Kodia Tola-Baskuti, no one of the villager could see the alleged assault made by these appellants to Vishnu Tamaria. The villagers also could not see, as it was night, how the dead-body was carried out by these appellants and buried in the field.
12. In view of my above considered facts I am of the opinion that the prosecution has been able to prove its case beyond all shadow of reasonable doubts for the charges levelled against these appellants under Sections 302/34 and 201 of the Indian Penal Code. In view of this fact. I do not find any merit in this Criminal, Appeal, which is hereby dismissed and the impugned judgment and order of conviction and sentence passed against the appellants by the learned Court below in Sessions Trial No. 401 of 1997, are hereby affirmed. As all the appellants are on bail, their bail bonds are hereby cancelled and they are directed to surrender before the Court below to serve their sentences. The learned Court below is also directed to take all coercive steps for apprehension of these appellants to serve their sentences.
Vishnudeo Narayan, J.
13. I agree.