High Court Jharkhand High Court

Budhdeo Purty vs State Of Jharkhand on 1 September, 2009

Jharkhand High Court
Budhdeo Purty vs State Of Jharkhand on 1 September, 2009
                       CR. APPEAL (DB) No. 424 of 2000R
                                    -------

Against the impugned judgment of conviction and order of sentence dated 27th
May, 2000 passed in Sessions Trial No. 90 of 1994 by learned 1st Additional
Sessions Judge, Chaibasa.

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   Budhdeo Purty                          ...     ...     ...      Appellant

                                  Versus
   The State of Jharkhand                      ...      ...      ...      Respondent
                                    -------
   For the Appellant              : Mr. M.K. Sinha, Appellant
   For the State                  : Mr. Ravi Prakash, A.P.P.

                               PRESENT
                        HON'BLE MR. JUSTICE D.N. PATEL
                        HON'BLE MR. JUSTICE R.R. PRASAD
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Oral Order :
Per D.N. Patel, J.
Dt. 1st September, 2009     The present appeal has been preferred by the sole appellant

against the impugned judgment and order of conviction and sentence both dated

27th May, 2000 passed by learned 1st Additional Sessions Judge, Chaibasa in

Sessions Trial No. 90 of 1994, whereby, the present appellant has been convicted

for the offence under Section 302 of the Indian Penal Code and sentenced to

undergo life imprisonment for causing murder of Budhni Devi.

2. If the case of the prosecution is unfolded, the relevant facts are as

under:

It is the case of the prosecution that the whole incident had taken

place on 3rd December, 1993 at 4.00 p.m. when Tilotma Devi (P.W. 3) and

the deceased- Budhni Devi were returning from Village-Haldia at footpath

of Village Heperburu and at that time, the appellant-accused came

suddenly with a stick and caused injury to the deceased- Budhni Devi.

When the informant- Tilotma Devi (P.W. 3) tried to save the life of the

deceased, she was again caused injury by stick and thereafter Tilotma Devi

(P.W. 3) ran away and while running away, she saw that the appellant was

causing injuries by stone to Budhni Devi on her head, who had fallen down.

There was profuse bleeding also. The informant (P.W. 3) was also given a
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stick blow by the appellant-accused. Having received bleeding injury, the

informant ran to the house of one Nilambar Purty (P.W. 4). The informant

was also shouting for rescue of the deceased, but, nobody came at the scene

of offence to save her. Thereafter, Nilambar Purty (P.W. 4) immediately

came at the scene of offence along with P.W. 11 and P.W. 12. Thereafter,

police was called. Meanwhile, for the whole night all remained present near

the dead-body. The appellant-accused, who was apprehended by the

villagers, was also compelled to stay there and the First Information report

was lodged on 4th December, 1993 at 6.00 a.m. at Village Heperburu, Police

Station-Majhgaon, District Singhbhum West. Investigation was carried out,

wherein, statements of the witnesses were recorded, evidences were

collected and ultimately, charge-sheet was filed against the appellant-

accused and thereafter the case was committed to the Court of Sessions,

where it was numbered as Sessions Trial No. 90 of 1994 and the trial court

after appreciating the evidences of the prosecution witnesses, passed the

impugned judgment and order of conviction and sentence dated 27th May,

2000 against the present appellant-accused for the offence under Section 302

of the Indian Penal Code for causing murder of Budhni Devi.

Against the impugned judgment and order of conviction and

sentence, the present appeal has been preferred by the appellant-accused.

3. We have heard learned counsel for the appellant, who has submitted

that no motive has been established by the prosecution as there was no animosity

between the deceased and the appellant-accused. In fact, the appellant-accused is

handicapped. There is no eye witness except P.W. 3 and the depositions of the

prosecution witnesses are full of omissions, contradictions and improvements.

This aspect of the matter has not been properly appreciated by the trial court and

hence the impugned judgment and order of conviction and sentence deserve to be

quashed and set aside. It is also submitted by the learned counsel for the appellant
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that the Investigating Officer has not been examined in this case, which is also fatal

to the case of the prosecution.

4. We have heard learned A.P.P., appearing on behalf of the State, who

has submitted that the whole case of the prosecution is based upon the deposition

of the injured eye witness i.e. Tilotma Devi-P.W. 3 (the informant). The appellant-

accused is named in the First Information Report. P.W. 3 has seen the whole

offence, committed by the appellant-accused. When P.W. 3 and the deceased were

returning from Village Haldia at a footpath of Village Heperburu, assault was

committed by the appellant-accused on the deceased as well as on the informant.

The informant has also sustained head injury and there was bleeding also. Initially,

the deceased was given a stick blow, as a result of which, she fell down and the

appellant-accused thereafter caused injuries on her head by means of stone. There

was profuse bleeding at the scene of offence and the stick and stone both were

having blood stains and were lying near the dead-body. The injured eye witness

(P.W. 3) shouted for rescue but no-body came at the scene of offence. Thereafter,

she ran towards the village at the house of one Nilambar Purty (P.W. 4) who came

at the scene of offence with his servants (P.W. 11 and P.W. 12) who are also the

villagers. Looking to the deposition of all these prosecution witnesses, it appears

that they have supported the deposition of P.W. 3. Thus, the case of the

prosecution is based upon the deposition given by the injured eye witness (P.W. 3),

supported by the depositions of P.W. 4, P.W. 10, P.W. 11 and P.W. 12, who are the

villagers, who had rushed immediately at the scene of offence. There is also

enough corroboration to the depositions by the medial evidence of Dr. Sheo

Shankar Birua (P.W. 13), who has carried out the post mortem examination upon

the dead body of the deceased. As per the medical evidence, cause of death of the

deceased is head injury and the injury is capable of being caused by stone. It is also

submitted by the A.P.P. that when the whole case is based upon the deposition

given by the eye witness, which is getting enough corroboration by the depositions
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given by other witnesses as well as by the medical evidence, even if the motive is

unable to be established by the prosecution, it is not fatal to the case of the

prosecution. Motive was within the knowledge of the accused. The informant

(P.W. 3) has no animosity with the appellant-accused, though this witness is also

the villager of Village-Heperburu. In these circumstances, even if motive is not

proved by the prosecution, it is established beyond all reasonable doubt by the

prosecution that the appellant-accused has committed murder of the deceased-

Budhni Devi and, thus, no error has been committed by the trial court in

appreciating the evidences of the prosecution witnesses on record and, therefore,

this Court may not interfere with the impugned judgment and order of conviction

and sentence, by exercising the appellate powers.

5. Having heard learned counsel for both the sides and looking to the

evidences on record, it appears that:

(i) The whole incident had taken place on 3rd December,1993 at about 4.00

p.m. when the informant-Tilotma Devi (P.W. 3) and the deceased-

Budhni Devi were returning from Village-Haldia at footpath of Village

Heperburu. At that time, the appellant-accused came suddenly with a

stick and caused injuries to the deceased- Budhni Devi as well as to

the informant- Tilotma Devi (P.W. 3), as a result of which, Budhni

Devi fell down and Tilotma Devi (P.W. 3), though got bleeding injury,

ran away and while running away, she saw that it is the present

appellant-accused, who has caused injuries to the deceased by stone on

her head. There was profuse bleeding at the scene of offence. Stick and

stone both were having blood stains, lying near the body of the

deceased.

(ii) Looking to the deposition of P.W. 3-Tilotma Devi, who is the eye

witness to the occurrence, it appears that she has narrated, in her

deposition, how the whole incident has taken place. Thereafter, she
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had run to the house of Nilambar Purty (P.W. 4) and immediately P.W.

4 along with P.W. 11 and P.W. 12 (both servants of P.W. 4) rushed at

the scene of offence. Looking to the cross-examination of this witness,

nothing is coming out in favour of the appellant-accused. The

informant (P.W. 3) has stated that the police came on 4th December,

1993 in the early morning at 6.00 a.m. and the First Information Report

was lodged by her on the same date and time at Village Heperburu,

Police Station-Majhgaon, District Singhbhum West. The appellant-

accused is named in the First Information Report. There is also

reference of stick and stone. She was also injured at the hands of the

appellant-accused. Thus, looking to her deposition, it is evident that

she is a reliable and trustworthy witness. Her injury certificate is Ext. 5,

proved by Shatrudhan Gope (P.W. 14).

(iii) Looking to the deposition of P.W. 4-Nilambar Purty, it appears that

this witness has stated clearly before the trial court that the informant-

Tilotma Devi (P.W. 3) came to his house in the injured condition and

told him (P.W. 4) that the appellant-accused (she was narrating the

accused as “Langra”), who is handicapped, has caused injuries to

Budhni Devi by means of stick and stone at a footpath of Village

Heperburu, and her dead-body is lying there. Soon thereafter, P.W. 4

along with P.W. 11 and P.W. 12 (both servants of P.W. 4) rushed at the

scene of offence and saw the dead-body of Budhni Devi. There was

bleeding also. Blood stained stick and stone were lying nearby the

dead-body. The appellant-accused was also there at the scene of

offence and thereafter the other prosecution witnesses, who are the

villagers, also came there. They also waited for police to come and they

watched the dead-body of Budhni Devi. They also watched the

appellant-accused and on 4th December, 1993 at 6.00 a.m. when the
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police came, the First Information Report was lodged which was

signed by P.W. 3, P.W. 7 and P.W. 9. Looking to the cross-examination

of P.W. 4, this witness is reliable and trustworthy. Neither there is any

exaggeration nor any omission or contradiction in his deposition.

Though he is not an eye witness, he has corroborated the deposition

given by P.W. 3 and the facts which have been narrated by P.W. 3.

Thus, there is enough corroboration to the deposition given by the eye

witness (P.W.3) and P.W. 4.

(iv) Likewise, looking to the depositions of P.W. 5, P.W. 6, P.W. 7, P.W. 9,

P.W. 10, P.W. 11 and P.W. 12, it appears that all the witnesses are the

villagers who rushed at the scene of offence and saw the dead-body of

Budhni Devi in a bleeding condition. Stick and stone were also having

blood stains by which murder was committed by the appellant-

accused. All these witnesses are corroborating the deposition given by

P.W. 3. This aspect of the matter has also been properly appreciated by

the trial Court.

(v) Looking to the deposition given by P.W. 13 -Dr. Sheo Shankar Birua, it

appears that this witness has conducted autopsy of the dead body of

the deceased and has narrated the following injuries, found on the

person of the deceased- Budhni Devi, as under :-

” Head was badly crushed and grey matters coming out
of multiple fracture wound of the scalp. Only anterior and
lower part of the face was left intact.

On dissection of the dead-body, the whole structures of
chest were found intact. The whole structure of abdomen
was intact. Uterus was small. Urinary bladder was full.
In his opinion, the deceased has died due to head injury
caused by hard and blunt heavy substance like heavy
stone. Time elapsed since death was within 48 hours.”
From the aforesaid injuries, it appears that the cause of death,

stated by the doctor, is the head injury, which can be caused by stone.
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Thus, there is enough corroboration by the medical evidence to the

deposition given by P.W. 3, an injured eye witness. Post Mortem

examination was carried out by this witness (P.W. 13) on 4th December,

1993 at about 3:30 p.m. (Ext. 4) and it is opined by this doctor that the

death of the deceased was caused within 48 hours. Thus, the time

referred to by the doctor is also tallying with the time of murder, stated

by the injured eye witness.

(vi) Looking to the deposition of the prosecution witnesses, especially

P.W. 3, P.W. 4, P.W. 10, P.W. 11 and P.W. 12, it is proved by the

prosecution beyond all reasonable doubts that it is the appellant-

accused who has initially caused injuries by stick upon Budhni Devi as

well as upon Tilotma Devi (P.W. 3) and thereafter P.W. 3 ran away and

the deceased-Budhni Devi had fallen down and the appellant-accused

caused head injury upon Budhni Devi by means of stone. The injuries

were so severe in nature that the deceased-Budhni Devi expired on the

spot. Much has been argued by the learned counsel for the appellant

about the omissions and contradictions in the depositions, given by

P.W. 5, P.W. 6 and P.W. 8. Looking to the cross-examination of these

witnesses, it appears that though there is some deviation in the

narrations as to how they were coming from one mela, namely,

Venilaga Mela and whether they were going by bicycle or coming by

cart and they saw the dead-body of the deceased at Village-

Heperburu, no omission or contradiction even slightly is there in the

depositions of all the prosecution witnesses to the effect that they all

saw the dead-body of the deceased at Village Heperburu, there was

profuse bleeding and the stick and stone were also having blood

stains. These witnesses are rustic villagers and they have given

depositions after approximately 72 months and, therefore, some
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deviation on their own part as to whether they were going on bicycle

or by cart, will not carry much material contradiction. So far the

deposition of injured eye witness (P.W. 3) is concerned, she has

narrated the whole incident, in detail, without omission or

contradiction. Further, the witnesses had rushed at the scene of offence

later on and amongst all, Nilambar Purty (P.W. 4) had rushed at the

scene of offence first along with P.W. 11 and P.W. 12. Looking to the

depositions of these witnesses, it is evident that no error has been

committed by the trial court in arriving at the conclusion that the

prosecution has proved its case beyond all reasonable doubt that the

appellant-accused has committed murder of the deceased. There is,

thus, no error committed by the trial court in evaluating the evidences

of the prosecution witnesses.

6. Learned counsel for the appellant has also argued out, in detail, that

no motive is established by the prosecution. This contention is also not much

useful to the appellant-accused, when the whole case of the prosecution is based

upon the deposition of injured eye witness (P.W. 3), when the deposition of the

injured eye witness is corroborated by the depositions given by P.W. 4, P.W.10 and

P.W. 12 and when there is enough corroboration of the depositions by the medical

evidence (P.W. 13).

7. In these situations, even if motive is not established by the

prosecution, it is not fatal to the prosecution. Motive basically runs in the mind of

the appellant-accused. If the accused discloses the motive, then it becomes clearer.

8. Learned A.P.P. appearing on behalf of the State has rightly relied

upon the decisions of the Hon’ble Supreme Court in the cases of Bahal Singh Vs.

State of Haryana {AIR 1976 S.C. 2032}, Dudh Nath Pandey Vs. State of U.P. (1981

CRI. L.J. SC 618) and Jarnail Singh and another Vs. State of Haryana {1993 CRI.

L.J. 1656 (SC)}.

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9. In view of the aforesaid decisions, even if the motive could not be

established by the prosecution, but, if there is evidence given by the eye witness,

which is corroborated by the dispositions of other prosecution witnesses as well as

by the medical evidence, it is not fatal for the prosecution. To establish the motive

by the prosecution is not sine qua none, when the case of the prosecution is based

upon the deposition of the eye witness or the injured eye witness, supported or

corroborated by the depositions of other prosecution witnesses as well as by the

medical evidence. Motive is within the exclusive knowledge and domain of the

accused.

10. Thus, in view of the aforesaid evidences on record, the prosecution

has established beyond all reasonable doubt that the appellant-accused has

committed murder of Budhni Devi. We, therefore, hold that there is no error in

the impugned judgment and order of conviction and sentence dated 27th May,

2000, passed by the trial court, whereby, the appellant-accused has been convicted

and sentenced to undergo life imprisonment, as aforesaid.

11. There is no substance in this appeal. Hence, the same is hereby

dismissed, and the impugned judgment and order of conviction and sentence

dated 27th May, 2000, passed by the trial court in Sessions Trial No. 90 of 1994, is

hereby affirmed.

(D.N. Patel, J.)

(R.R. Prasad, J.)
Jharkhand High Court, Ranchi
Dated: 1st of September, 2009
AKT-Ravi /N.A.F.R.