Matal Murmu and Ors. Vs. State of Jharkhand - Court Judgment

SooperKanoon Citationsooperkanoon.com/111247
CourtJharkhand High Court
Decided OnNov-09-2017
AppellantMatal Murmu and Ors.
RespondentState of Jharkhand
Excerpt:
1 in the high court of jharkhand at ranchi. cr. appeal (d.b.) no. 1200 of 2007. (against the judgment of conviction and order of sentence dated 09 th february, 2007, passed by the 1st additional sessions judge, pakur, in s.c. no. 26 of 2005 / s.t. no. 18 of 2005). ….....1. matal murmu 2. rabia grihi 3. debu grihi 4. signa grihi ….. appellants. versus the state of jharkhand. ..… respondent. ------ present hon'ble mr. justice h.c. mishra hon'ble mr. justice ananda sen ------ for the appellants : m/s rajeev sharma, sr. advocate. manoj kumar, advocate. for the state : mr. ram prakash singh, a.p.p. …...... by court:- heard learned counsel for the appellants and the learned addl. p.p. for the state.2. the appellants, who are in custody, are aggrieved by the judgment of conviction and order of sentence dated 09.02.2007, passed by the learned 1st additional sessions judge, pakur, in s.c. no. 26 of 2005 / s.t. no. 18 of 2005, whereby, the appellants have been found guilty and convicted for the offences under sections 307 and 302 of the indian penal code and section 4 of the prevention of witch (diaan) practices act. upon hearing on the point of sentence, the appellants have been sentenced to undergo r.i. for life with a fine of rs.5000/- each for the offence under section 302 of the indian penal code, r.i. for 10 years with fine of rs. 2000/- each for the offence under section 307 of the indian penal code, and simple imprisonment for six months for the offence under section 4 of the prevention of witch (diaan) practices act, and all the sentences were directed to run concurrently.3. the prosecution case was instituted on the basis of fardbeyan of the informant janki grihi, recorded at village siyal pahari, at about 11 p.m., on 17.12.2004, wherein, he has stated that on 16.12.2004 at 4 p.m., his mother budhni grihin was plucking the wood in the courtyard, where the accused matal murmu, rabia grihi, debu grihi and signa grihi came armed with axe and knife and started assaulting his mother. he has stated that matal murmu started cutting his mother by axe and rabia grihi who was armed with knife also started giving blows of knife on his mother. he further stated that debu grihi also assaulted his mother by axe, due to which, his mother died at the spot. the accused matal murmu also chased the informant janki grihi for assaulting him, but the informant fled away. deva grihi, the brother of the informant, was coming to see his mother and when he reached near 2 the house of matal murmu, he was also apprehended by matal murmu, rabia grihi, debu grihi and signa grihi. debu grihi and matal murmu assaulted his brother by axe and knife and badly injured him. as to the cause of occurrence, it is alleged that the accused persons were branding his mother as diaan and for that they murdered his mother and assaulted the brother of the informant. on the basis of the fardbeyan of the informant, amrapara p.s. case no. 40 of 2004, corresponding to g.r. no. 482 of 2004, was instituted for the offence under sections 341, 324, 307, 302 / 34 of the indian penal code against the accused persons, and investigation was taken up. upon completing the investigation, the police submitted the charge-sheet in this case against the accused persons.4. after commitment of the case to the court of session, charge was framed against the accused persons for the offences under sections 302/34 and 307/34 of the indian penal code and section 3 and 4 of the prevention of witch (diaan) practices act, and upon all the accused persons' pleading not guilty and claiming to be tried, they were put to trial. in course of trial, the prosecution has examined eleven witnesses, out of whom p.w.8- baleya tudu has turned hostile and has not supported the case of the prosecution. p.w. 9- gangu giri and p.w. 10 chhota dewa grihi have only been tendered by the prosecution.5. p.w.-2 janki girihi is the informant of the case. this witness has stated that on the date of occurrence his mother was plucking wood in the courtyard, when matal murmu armed with axe, rabia grihi, debu grihi and signa grihi entered the house and alleging that his mother was a diaan, they assaulted his mother and killed her. matal murmu assaulted her by axe, rabia grihi assaulted her by knife, debu grihi assaulted her by axe and signa grihi had caught hold her. when this witness objected, he was also assaulted by axe by matal murmu on his back. when his brother was coming to see his mother, the accused persons apprehended him and also assaulted him. his brother was assaulted by rabia grihi by knife, signa had thrown him on the ground and debu was strangulating him. he has stated that he went to the police station and gave the information, which was recorded and it was read over to him, whereupon, he put his thump impression. he has identified the accused persons in court. in cross-examination, this witness has again stated that his statement was recorded at police station. he has stated that he was doing cultivation in the forest and on the date of occurrence, he had gone to the forest for doing the cultivation and had returned back at about 4 p.m. he has also stated that his injury was also treated by the doctor. he has further stated in his cross-examination that as it had become night, he had gone to the police station in the next morning along with his brother, dewa girihi. the accused persons were apprehended by the villagers. he has denied the suggestion to have falsely implicated the accused in this case.6. p.w.-4 dewa grihi is the injured brother of the informant. this witness 3 has stated that the occurrence had taken place at about 4 p.m., and upon hearing that the accused persons had committed the murder of his mother, he was going to see his mother, when he was apprehended by the accused persons and rabia assaulted him by knife, causing injuries on the back side of the head and hand. matal murmu assaulted him on his head by axe, thereupon he became unconscious. he was taken to hospital. he has also identified the accused persons. in his cross-examination, he has stated that when the accused persons had assaulted him, he had became unconscious and he gained his consciousness in the hospital. he has stated that in the forest, he and his brother used to make cultivation and for that they used to go to forest for cultivation at about 6 a.m. in the morning and they used to return back at about 6-7 p.m. on the date of occurrence also, his brother (the informant) had returned back after the sunset. he has denied the suggestion of giving false evidence.7. p.w.-5 lilu hansda has also supported the prosecution case as an eye witness to the occurrence stating that rabia grihi and matal murmu had killed the deceased and the other two accused persons were along with them. they also assaulted dewa grihi. this witness has identified the accused persons in the court. he has stated that the police had prepared a document in the police station on which, he had put his signature and he has identified the same, which was marked ext.3. in his cross-examination, he has denied the suggestion of giving false evidence.8. p.w.-6 hindu murmu and p.w.-7 subhash soren are the hearsay witnesses, who had only heard about the occurrence stating that they heard that the accused persons had assaulted the deceased and they had also assaulted the brother of the informant.9. p.w.-1 is dr. prem kumar marandi, who had examined the injuries of dewa grihi and had found the following injuries:- (i) sharp cut wound 12” long x ½” x ½' in occipital area. (ii) super-facial sharp cut would 1 ½” x 1 c1/2 “ in occipital area. (iii) lacerated would 1 ½” x ½” x 1” in forearm right hand in supine position. he has stated that the injuries were simple in nature caused by sharp cutting and hard object. he has proved the injury report to be in his pen and signature, which is marked ext.1. 10. p.w. 3 is dr. bindu bhushan, who had conducted the post-mortem examination on the dead body of the deceased on 18.12.2004 and had found the following ante-mortem injuries on her person:- (i) lacerated injury of 2” x 1” bone dee, fracture of right parietal bone on right side of scalp. (ii) lacerated injury of 1” x ½” x bone deep with fracture of the frontal bone on right side of scalp. 4 (iii) lacerated injury ½” x ½” x bone deep on right side of scalp just back to the right pinna. on opening the skull:- brain tissues and its membrane was lacerated with blood and the right side of the parietal and frontal bone were fractured. on opening the chest wall- lungs tissues were pale and contracted all four chamber of heart was empty. on opening the abdomen: stomach contained turbid liquid material, small and large intestine contained gas and fiscal material. liver spleen both kidneys were pale and balder was empty. uterus was non gravy and atrophied. this witness has stated that the cause of death was due to severe hemorrhage and neurogenic shock following injuries on scalp by heavy blunt weapon. he has proved the post-mortem report to be in his pen and signature, which is marked ext.-2.11. p.w.-11 hari govind das is the i.o. of this case. this witness has stated that on 17.12.2004, he was posted as office in-charge of amrapara police station and on 21:15 hours, choukidar informed him that in the village siyal pahari, one women had been murdered and one person was also injured. sahna entry was made and he proceeded towards the place of occurrence where the statement of janki grihi was recorded. he took over the charge of investigation and recorded the statement of the witnesses. he has also given the details of the place of occurrence. he has stated that at the place of occurrence, lot of blood was found and he had sent the injured to hospital. he has identified the fardbeyan to be in his pen and signature, which is marked ext.-4. he has also proved the inquest report and seizure list, which were marked ext.5 and ext. 6, respectively. he has stated in his cross-examination that choukidar had given the information in the night and in the night itself, he had proceeded. he also stated in his cross-examination that the blood stained soil was sent for forensic examination.12. after closure of the evidence of the prosecution, the statements of the accused-appellants were recorded under section 313 of the cr.p.c., wherein, they have denied the evidence against them. on the basis of the evidence on record, the accused persons have been found guilty and they have been convicted and sentenced for the offences, as aforesaid.13. learned counsel appearing for the appellants submits that the impugned judgment of conviction and order of sentence cannot be sustained in the eyes of law, as the prosecution has not been able to bring home the charges against the accused persons beyond all reasonable doubts. it is submitted that the informant is actually not the eye witness of the occurrence, but he has tried to became the eye witness, as it is apparent from the evidence of his brother p. w.4- dewa grihi, who has stated that they used to go for cultivation in forest at 6 a.m. in the morning and they used to return 5 back at about 6-7 p.m. in the evening. the brother of the informant has specifically stated that on the date of occurrence also his brother, i.e., the informant had returned back after the sunset. it is stated that the occurrence had taken place at about 4 p.m. and as such, the informant had no occasion to see the occurrence. learned counsel for the appellants further submits that though the informant p.w. 2 janki grihi has stated in his deposition that he was also assaulted and injured by axe and he was treated in the hospital, but he has stated in the fardbeyan that when the accused tried to assault him, he had fled away. there is nothing on the record to show that he was injured in the occurrence. learned counsel further submits that even though it is specific case of the informant that the accused persons started cutting his mother by axe and she was assaulted by giving repeated blows by knife, but no injury caused by sharp cutting weapon was found on the dead body of the deceased and all the injuries on the deceased were caused by hard and blunt substance only. it is further pointed out that in his evidence the informant (p.w.2) has stated that he and his brother had gone to police station to inform about the occurrence, and his statement was recorded at the police station, and even in his cross-examination he reiterated that his statement was recorded at the police station, but the i.o. (p.w.11) has specifically stated that the information of the occurrence was received through the choukidar, whereupon, they had gone to place of occurrence where he recorded the fradbeyan of the informant. it is further stated that ext. 4 shows that it was recorded in the village and not at the police station. learned counsel further submits that the prosecution story as given by the prosecution witnesses is highly doubtful and the prosecution has failed to bring home the charges against the appellants beyond all reasonable doubts and in the facts and circumstances of this case, the appellants ought to have been given at least the benefits of doubt.14. learned counsel for the state on the other hand has opposed the prayer and has submitted that the witnesses have clearly stated that the accused persons assaulted the deceased and also p.w.-4 dewa grihi, the brother of the informant. he further submits that so far as assault on the mother of the informant is concerned, the informant is the eye witness to the same, and he has fully supported the prosecution case in his deposition. so far as assault on the brother of the informant, p.w.-4 dewa grihi is concerned, dewa grihi himself has deposed that he was apprehended by all the accused persons and rabia assaulted him by knife, causing injuries on the back side of the head and hand. matal murmu assaulted him on his head by axe. learned addl. p.p. further submits that the ocular evidences of these witnesses are fully corroborated by the medical evidence, p.w.-3 dr. bindu bhushan, who had conducted the post-mortem examination on the dead body of the deceased and had proved the post-mortem report as ext.2, whereas, the injuries of p.w. -4 dewa grihi have also been proved by p.w.-1 dr. prem kumar marandi and the injury report proved by him 6 as ext.1. learned a.p.p. accordingly, submits that there is no illegality in the impugned judgment of conviction and order of sentence and the prosecution has been able to bring home the charges against the appellants beyond all reasonable doubts.15. having heard learned counsels for both the sides and upon going through the record, we find that there are two part of the prosecution case; the first part relates to the murder of the deceased in the courtyard of the informant's house. though the informant p.w.-2 janki grihi has supported the case as eye witness to the occurrence stating that the accused matal murmu and debu grihi assaulted his mother by axe, rabia grihi assaulted his mother by knife, while the remaining accused had caught hold the deceased, and in his fardbeyan he has stated that his mother was being cut by axe and repeated blows were given by knife on his mother, but the fact remains that no injury caused by sharp cutting weapon was found on the dead body of the deceased, as is evident from the evidence of p.w.3 dr. bindu bhushan, who had conducted the post-mortem on the dead body of the deceased. p.w.-2 janki grihi has also stated that he was also assaulted and injured by axe in the occurrence and he was treated for the same, but no injury on this witness has been proved by the prosecution. he has also stated that he along with his brother went to the police station and gave the information to the police and his fardbeyan was recorded at the police station, but the fact remains that the i.o. p.w.-11 hari govind das stated that the information about the occurrence was given by the choukidar and not by the informant, and the police came to the place of occurrence where the statement of the informant was recorded and this fact is also supported by the fardbeyan, proved as ext. 4, which shows that it was not recorded at the police station rather the same was recorded at the place of occurrence. p.w.-4 dewa grihi, the brother of the informant has stated that even on the date of occurrence, the informant had returned back from the forest after sunset whereas, the occurrence had taken place at 4 p.m., and this fact also makes the presence of the informant at the place of occurrence very doubtful. as such, we are of the considered view that the evidence of the prosecution on the point of assault on the deceased is full of doubts, and all the accused persons are entitled to the benefit thereof.16. so far as other part of the occurrence is concerned, this relates to the assault made upon p.w.-4 dewa grihi, while he was going to see his mother upon hearing about the occurrence. he has stated that he was apprehended by all the accused persons and he was assaulted by sharp cutting weapon. his injuries have been proved by the prosecution, and p.w.-1 dr. prem kumar marandi, who had examined the injuries and found three injuries caused by sharp cutting weapon as well as hard and blunt substance on dewa grihi. though. p.w.-1 dr. prem kumar marandi has stated that all the injuries were simple in nature, but the situs of the injury show that they were on the head on the occipital region and on the forearm, which fully corroborates 7 the evidence of p.w.-4- dewa grihi on the point of assault. as there were two injuries caused by sharp cutting weapon on the occipital region, which shows that repeated blows were given on the most vital part of the body, we are of the considered view that the offence is made out against all the accused persons under sections 307 / 34 of the ipc, for which, all of them were sentenced to undergo r.i. for 10 years and fine of rs.2000/- each. we find from the record that all the accused persons have already undergone the said sentence, including the period for default in payment of fine.17. thus, in view of the foregoing discussion, the impugned judgment of conviction and order of sentence dated 9.2.2007, passed by the learned 1 st additional sessions judge, pakur, in s.c. no. 26 of 2005 / s.t. no. 18 of 2005, are hereby, set aside, so far as conviction of the appellants under section 302 of the ipc and section 4 of the prevention of witch (diaan) practices act are concerned. all the appellants are given the benefits of doubt and they are acquitted of these charges. so far as conviction of the appellants under section 307 of the ipc is concerned, we do not find any illegality in the same and the judgment of conviction and order of sentence for the said offence, are hereby, affirmed. since all the four appellants are in custody and served out the sentence awarded to them under section 307 of the ipc, they are directed to be released and set at liberty forthwith, if their detention is not required in any other case.18. in the result, this appeal is allowed in part. let the lower court records be sent back to the court concerned forthwith, along with a copy of this judgment. (h.c. mishra, j.) (ananda sen,j.) jharkhand high court, ranchi. dated: the 09th november, 2017. nafr/anu-amar/cp.-3
Judgment:

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI. Cr. Appeal (D.B.) No. 1200 of 2007. (Against the Judgment of conviction and Order of sentence dated 09 th February, 2007, passed by the 1st Additional Sessions Judge, Pakur, in S.C. No. 26 of 2005 / S.T. No. 18 of 2005). ….....

1. Matal Murmu 2. Rabia Grihi 3. Debu Grihi 4. Signa Grihi ….. Appellants. Versus The State of Jharkhand. ..… Respondent. ------ PRESENT HON'BLE MR. JUSTICE H.C. MISHRA HON'BLE MR. JUSTICE ANANDA SEN ------ For the Appellants : M/s Rajeev Sharma, Sr. Advocate. Manoj Kumar, Advocate. For the State : Mr. Ram Prakash Singh, A.P.P. …...... By Court:- Heard learned counsel for the appellants and the learned Addl. P.P. for the State.

2. The appellants, who are in custody, are aggrieved by the Judgment of conviction and Order of sentence dated 09.02.2007, passed by the learned 1st Additional Sessions Judge, Pakur, in S.C. No. 26 of 2005 / S.T. No. 18 of 2005, whereby, the appellants have been found guilty and convicted for the offences under Sections 307 and 302 of the Indian Penal Code and Section 4 of the Prevention of Witch (Diaan) Practices Act. Upon hearing on the point of sentence, the appellants have been sentenced to undergo R.I. for life with a fine of Rs.5000/- each for the offence under Section 302 of the Indian Penal Code, R.I. For 10 years with fine of Rs. 2000/- each for the offence under Section 307 of the Indian Penal Code, and simple imprisonment for six months for the offence under Section 4 of the Prevention of Witch (Diaan) Practices Act, and all the sentences were directed to run concurrently.

3. The prosecution case was instituted on the basis of fardbeyan of the informant Janki Grihi, recorded at village Siyal Pahari, at about 11 p.m., on 17.12.2004, wherein, he has stated that on 16.12.2004 at 4 p.m., his mother Budhni Grihin was plucking the wood in the courtyard, where the accused Matal Murmu, Rabia Grihi, Debu Grihi and Signa Grihi came armed with axe and knife and started assaulting his mother. He has stated that Matal Murmu started cutting his mother by axe and Rabia Grihi who was armed with knife also started giving blows of knife on his mother. He further stated that Debu Grihi also assaulted his mother by axe, due to which, his mother died at the spot. The accused Matal Murmu also chased the informant Janki Grihi for assaulting him, but the informant fled away. Deva Grihi, the brother of the informant, was coming to see his mother and when he reached near 2 the house of Matal Murmu, he was also apprehended by Matal Murmu, Rabia Grihi, Debu Grihi and Signa Grihi. Debu Grihi and Matal Murmu assaulted his brother by axe and knife and badly injured him. As to the cause of occurrence, it is alleged that the accused persons were branding his mother as Diaan and for that they murdered his mother and assaulted the brother of the informant. On the basis of the fardbeyan of the informant, Amrapara P.S. Case No. 40 of 2004, corresponding to G.R. No. 482 of 2004, was instituted for the offence under Sections 341, 324, 307, 302 / 34 of the Indian Penal Code against the accused persons, and investigation was taken up. Upon completing the investigation, the police submitted the charge-sheet in this case against the accused persons.

4. After commitment of the case to the Court of Session, charge was framed against the accused persons for the offences under sections 302/34 and 307/34 of the Indian Penal Code and Section 3 and 4 of the Prevention of Witch (Diaan) Practices Act, and upon all the accused persons' pleading not guilty and claiming to be tried, they were put to trial. In course of trial, the prosecution has examined eleven witnesses, out of whom P.W.8- Baleya Tudu has turned hostile and has not supported the case of the prosecution. P.W. 9- Gangu Giri and P.W. 10 Chhota Dewa Grihi have only been tendered by the prosecution.

5. P.W.-2 Janki Girihi is the informant of the case. This witness has stated that on the date of occurrence his mother was plucking wood in the courtyard, when Matal Murmu armed with axe, Rabia Grihi, Debu Grihi and Signa Grihi entered the house and alleging that his mother was a diaan, they assaulted his mother and killed her. Matal Murmu assaulted her by axe, Rabia Grihi assaulted her by knife, Debu Grihi assaulted her by axe and Signa Grihi had caught hold her. When this witness objected, he was also assaulted by axe by Matal Murmu on his back. When his brother was coming to see his mother, the accused persons apprehended him and also assaulted him. His brother was assaulted by Rabia Grihi by knife, Signa had thrown him on the ground and Debu was strangulating him. He has stated that he went to the Police Station and gave the information, which was recorded and it was read over to him, whereupon, he put his thump impression. He has identified the accused persons in Court. In cross-examination, this witness has again stated that his statement was recorded at Police Station. He has stated that he was doing cultivation in the forest and on the date of occurrence, he had gone to the forest for doing the cultivation and had returned back at about 4 p.m. He has also stated that his injury was also treated by the Doctor. He has further stated in his cross-examination that as it had become night, he had gone to the Police Station in the next morning along with his brother, Dewa Girihi. The accused persons were apprehended by the villagers. He has denied the suggestion to have falsely implicated the accused in this case.

6. P.W.-4 Dewa Grihi is the injured brother of the informant. This witness 3 has stated that the occurrence had taken place at about 4 p.m., and upon hearing that the accused persons had committed the murder of his mother, he was going to see his mother, when he was apprehended by the accused persons and Rabia assaulted him by knife, causing injuries on the back side of the head and hand. Matal Murmu assaulted him on his head by axe, thereupon he became unconscious. He was taken to hospital. He has also identified the accused persons. In his cross-examination, he has stated that when the accused persons had assaulted him, he had became unconscious and he gained his consciousness in the hospital. He has stated that in the forest, he and his brother used to make cultivation and for that they used to go to forest for cultivation at about 6 a.m. in the morning and they used to return back at about 6-7 p.m. On the date of occurrence also, his brother (the informant) had returned back after the sunset. He has denied the suggestion of giving false evidence.

7. P.W.-5 Lilu Hansda has also supported the prosecution case as an eye witness to the occurrence stating that Rabia Grihi and Matal Murmu had killed the deceased and the other two accused persons were along with them. They also assaulted Dewa Grihi. This witness has identified the accused persons in the Court. He has stated that the police had prepared a document in the Police Station on which, he had put his signature and he has identified the same, which was marked Ext.

3. In his cross-examination, he has denied the suggestion of giving false evidence.

8. P.W.-6 Hindu Murmu and P.W.-7 Subhash Soren are the hearsay witnesses, who had only heard about the occurrence stating that they heard that the accused persons had assaulted the deceased and they had also assaulted the brother of the informant.

9. P.W.-1 is Dr. Prem Kumar Marandi, who had examined the injuries of Dewa Grihi and had found the following injuries:- (i) Sharp cut wound 12” long x ½” x ½' in occipital area. (ii) Super-facial sharp cut would 1 ½” x 1 c1/2 “ in occipital area. (iii) Lacerated would 1 ½” x ½” x 1” in forearm right hand in supine position. He has stated that the injuries were simple in nature caused by sharp cutting and hard object. He has proved the injury report to be in his pen and signature, which is marked Ext.

1. 10. P.W. 3 is Dr. Bindu Bhushan, who had conducted the post-mortem examination on the dead body of the deceased on 18.12.2004 and had found the following ante-mortem injuries on her person:- (I) Lacerated injury of 2” x 1” bone dee, fracture of right parietal bone on right side of scalp. (II) Lacerated injury of 1” x ½” x bone deep with fracture of the frontal bone on right side of scalp. 4 (III) Lacerated injury ½” x ½” x bone deep on right side of scalp just back to the right pinna. On opening the skull:- Brain tissues and its membrane was lacerated with blood and the right side of the parietal and frontal bone were fractured. On opening the chest wall- Lungs tissues were pale and contracted all four chamber of heart was empty. On Opening the abdomen: Stomach contained turbid liquid material, small and large intestine contained gas and fiscal material. Liver spleen both kidneys were pale and balder was empty. Uterus was non gravy and atrophied. This witness has stated that the cause of death was due to severe hemorrhage and neurogenic shock following injuries on scalp by heavy blunt weapon. He has proved the post-mortem report to be in his pen and signature, which is marked Ext.-2.

11. P.W.-11 Hari Govind Das is the I.O. of this case. This witness has stated that on 17.12.2004, he was posted as Office In-charge of Amrapara Police Station and on 21:15 hours, Choukidar informed him that in the village Siyal Pahari, one women had been murdered and one person was also injured. Sahna entry was made and he proceeded towards the place of occurrence where the statement of Janki Grihi was recorded. He took over the charge of investigation and recorded the statement of the witnesses. He has also given the details of the place of occurrence. He has stated that at the place of occurrence, lot of blood was found and he had sent the injured to hospital. He has identified the fardbeyan to be in his pen and signature, which is marked Ext.-4. He has also proved the inquest report and seizure list, which were marked Ext.5 and Ext. 6, respectively. He has stated in his cross-examination that Choukidar had given the information in the night and in the night itself, he had proceeded. He also stated in his cross-examination that the blood stained soil was sent for forensic examination.

12. After closure of the evidence of the prosecution, the statements of the accused-appellants were recorded under Section 313 of the Cr.P.C., wherein, they have denied the evidence against them. On the basis of the evidence on record, the accused persons have been found guilty and they have been convicted and sentenced for the offences, as aforesaid.

13. Learned counsel appearing for the appellants submits that the impugned Judgment of conviction and Order of sentence cannot be sustained in the eyes of law, as the prosecution has not been able to bring home the charges against the accused persons beyond all reasonable doubts. It is submitted that the informant is actually not the eye witness of the occurrence, but he has tried to became the eye witness, as it is apparent from the evidence of his brother P. W.4- Dewa Grihi, who has stated that they used to go for cultivation in forest at 6 a.m. in the morning and they used to return 5 back at about 6-7 p.m. in the evening. The brother of the informant has specifically stated that on the date of occurrence also his brother, i.e., the informant had returned back after the sunset. It is stated that the occurrence had taken place at about 4 p.m. and as such, the informant had no occasion to see the occurrence. Learned counsel for the appellants further submits that though the informant P.W. 2 Janki Grihi has stated in his deposition that he was also assaulted and injured by axe and he was treated in the hospital, but he has stated in the fardbeyan that when the accused tried to assault him, he had fled away. There is nothing on the record to show that he was injured in the occurrence. Learned counsel further submits that even though it is specific case of the informant that the accused persons started cutting his mother by axe and she was assaulted by giving repeated blows by knife, but no injury caused by sharp cutting weapon was found on the dead body of the deceased and all the injuries on the deceased were caused by hard and blunt substance only. It is further pointed out that in his evidence the informant (P.W.2) has stated that he and his brother had gone to Police Station to inform about the occurrence, and his statement was recorded at the Police Station, and even in his cross-examination he reiterated that his statement was recorded at the Police Station, but the I.O. (P.W.11) has specifically stated that the information of the occurrence was received through the Choukidar, whereupon, they had gone to place of occurrence where he recorded the fradbeyan of the informant. It is further stated that Ext. 4 shows that it was recorded in the village and not at the Police Station. Learned counsel further submits that the prosecution story as given by the prosecution witnesses is highly doubtful and the prosecution has failed to bring home the charges against the appellants beyond all reasonable doubts and in the facts and circumstances of this case, the appellants ought to have been given at least the benefits of doubt.

14. Learned counsel for the State on the other hand has opposed the prayer and has submitted that the witnesses have clearly stated that the accused persons assaulted the deceased and also P.W.-4 Dewa Grihi, the brother of the informant. He further submits that so far as assault on the mother of the informant is concerned, the informant is the eye witness to the same, and he has fully supported the prosecution case in his deposition. So far as assault on the brother of the informant, P.W.-4 Dewa Grihi is concerned, Dewa Grihi himself has deposed that he was apprehended by all the accused persons and Rabia assaulted him by knife, causing injuries on the back side of the head and hand. Matal Murmu assaulted him on his head by axe. Learned Addl. P.P. further submits that the ocular evidences of these witnesses are fully corroborated by the medical evidence, P.W.-3 Dr. Bindu Bhushan, who had conducted the post-mortem examination on the dead body of the deceased and had proved the post-mortem report as Ext.2, whereas, the injuries of P.W. -4 Dewa Grihi have also been proved by P.W.-1 Dr. Prem Kumar Marandi and the injury report proved by him 6 as Ext.1. Learned A.P.P. accordingly, submits that there is no illegality in the impugned Judgment of conviction and Order of sentence and the prosecution has been able to bring home the charges against the appellants beyond all reasonable doubts.

15. Having heard learned counsels for both the sides and upon going through the record, we find that there are two part of the prosecution case; the first part relates to the murder of the deceased in the courtyard of the informant's house. Though the informant P.W.-2 Janki Grihi has supported the case as eye witness to the occurrence stating that the accused Matal Murmu and Debu Grihi assaulted his mother by axe, Rabia Grihi assaulted his mother by knife, while the remaining accused had caught hold the deceased, and in his fardbeyan he has stated that his mother was being cut by axe and repeated blows were given by knife on his mother, but the fact remains that no injury caused by sharp cutting weapon was found on the dead body of the deceased, as is evident from the evidence of P.W.3 Dr. Bindu Bhushan, who had conducted the post-mortem on the dead body of the deceased. P.W.-2 Janki Grihi has also stated that he was also assaulted and injured by axe in the occurrence and he was treated for the same, but no injury on this witness has been proved by the prosecution. He has also stated that he along with his brother went to the Police Station and gave the information to the police and his fardbeyan was recorded at the Police Station, but the fact remains that the I.O. P.W.-11 Hari Govind Das stated that the information about the occurrence was given by the Choukidar and not by the informant, and the police came to the place of occurrence where the statement of the informant was recorded and this fact is also supported by the fardbeyan, proved as Ext. 4, which shows that it was not recorded at the police station rather the same was recorded at the place of occurrence. P.W.-4 Dewa Grihi, the brother of the informant has stated that even on the date of occurrence, the informant had returned back from the forest after sunset whereas, the occurrence had taken place at 4 p.m., and this fact also makes the presence of the informant at the place of occurrence very doubtful. As such, we are of the considered view that the evidence of the prosecution on the point of assault on the deceased is full of doubts, and all the accused persons are entitled to the benefit thereof.

16. So far as other part of the occurrence is concerned, this relates to the assault made upon P.W.-4 Dewa Grihi, while he was going to see his mother upon hearing about the occurrence. He has stated that he was apprehended by all the accused persons and he was assaulted by sharp cutting weapon. His injuries have been proved by the prosecution, and P.W.-1 Dr. Prem Kumar Marandi, who had examined the injuries and found three injuries caused by sharp cutting weapon as well as hard and blunt substance on Dewa Grihi. Though. P.W.-1 Dr. Prem Kumar Marandi has stated that all the injuries were simple in nature, but the situs of the injury show that they were on the head on the occipital region and on the forearm, which fully corroborates 7 the evidence of P.W.-4- Dewa Grihi on the point of assault. As there were two injuries caused by sharp cutting weapon on the occipital region, which shows that repeated blows were given on the most vital part of the body, we are of the considered view that the offence is made out against all the accused persons under Sections 307 / 34 of the IPC, for which, all of them were sentenced to undergo R.I. for 10 years and fine of Rs.2000/- each. We find from the record that all the accused persons have already undergone the said sentence, including the period for default in payment of fine.

17. Thus, in view of the foregoing discussion, the impugned Judgment of conviction and Order of sentence dated 9.2.2007, passed by the learned 1 st Additional Sessions Judge, Pakur, in S.C. No. 26 of 2005 / S.T. No. 18 of 2005, are hereby, set aside, so far as conviction of the appellants under Section 302 of the IPC and Section 4 of the Prevention of Witch (Diaan) Practices Act are concerned. All the appellants are given the benefits of doubt and they are acquitted of these charges. So far as conviction of the appellants under Section 307 of the IPC is concerned, we do not find any illegality in the same and the Judgment of conviction and Order of sentence for the said offence, are hereby, affirmed. Since all the four appellants are in custody and served out the sentence awarded to them under Section 307 of the IPC, they are directed to be released and set at liberty forthwith, if their detention is not required in any other case.

18. In the result, this appeal is allowed in part. Let the Lower Court Records be sent back to the Court concerned forthwith, along with a copy of this Judgment. (H.C. Mishra, J.) (Ananda Sen,J.) Jharkhand High Court, Ranchi. Dated: the 09th November, 2017. NAFR/Anu-Amar/cp.-3