{"id":54652,"date":"2009-03-06T00:00:00","date_gmt":"2009-03-05T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/joljus-minz-ors-vs-state-of-jharkhand-on-6-march-2009"},"modified":"2017-05-26T04:08:19","modified_gmt":"2017-05-25T22:38:19","slug":"joljus-minz-ors-vs-state-of-jharkhand-on-6-march-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/joljus-minz-ors-vs-state-of-jharkhand-on-6-march-2009","title":{"rendered":"Joljus Minz & Ors. vs State Of Jharkhand on 6 March, 2009"},"content":{"rendered":"
Jharkhand High Court<\/div>\n
Joljus Minz & Ors. vs State Of Jharkhand on 6 March, 2009<\/div>\n
          Criminal Appeal (D.B.) No.284 of 2001\n                           -----\n<\/pre>\n
Against the judgment of conviction dated 02.07.2001 and order of
\nsentence dated 02.07.2001, passed by learned Addl. Sessions Judge-I,
\nSimdega, in Sessions Trial No.165 of 1998.\n<\/p>\n
                           —–<\/p>\n
\n1. Joljus Minz\n2. Chonhas Minz\n3. Bishram Minz                         ....      ....     Appellants\n                           Versus\nThe State of Jharkhand                  ....      ....     Respondent\n\n                          -----\nFor the Appellants        :Mr. Mahesh Tiwary, Advocate.\nFor the State             :Mr. I.N. Gupta, A.P.P.\n\n                     PRESENT\n             THE HON'BLE MR. JUSTICE AMARESHWAR SAHAY\n             THE HON'BLE MR. JUSTICE R.R. PRASAD\nReserved on 15.01.2009                   Pronounced on 06.03.2009\n                                ------\n<\/pre>\n
1.           The appellant nos. 1 and 3, namely, Joljus Minz and Bishram<\/p>\n
Minz were put on trial for the charge under Section 302\/34 of the Indian<\/p>\n
Penal Code along with the appellant no.2 Chonhas Minz charged under<\/p>\n
Section 302 of the Indian Penal Code and also with Marga Minz and Daud<\/p>\n
Minz, charged under Section 302\/109 of the Indian Penal Code, for<\/p>\n
committing murder of Rajan Minz. Further, Joljus Minz was also charged<\/p>\n
under Section 148 of the Indian Penal Code, whereas all other accused<\/p>\n
persons were charged under Section 147 of the Indian Penal Code. That<\/p>\n
apart the appellant nos.2 and 3, namely, Chonhas Minz and Bishram Minz<\/p>\n
were also charged under Section 323 of the Indian Penal Code.<\/p>\n
2.           The trial court, while acquitting the Marga Minz and Daud<\/p>\n
Minz, found Chonhas Minz guilty for offence under Section 302 of the<\/p>\n
Indian Penal Code whereas the other two appellants, namely, Joljus Minz<\/p>\n
and Bishram Minz, were found guilty for offence under Section 302\/34 of<\/p>\n
the Indian Penal Code and all the three were awarded sentence for<\/p>\n
imprisonment of life.\n<\/p>\n
                            2             Cr. Appeal No.284 of 2001<\/span><\/p>\n
3.           The case of the prosecution is that on 27.06.1997, at about<\/p>\n
6 o’clock, in the morning, the deceased, Rajan Minz asked his wife, Pushpa<\/p>\n
Minz, the informant (P.W.-5) to come to the place of one Rajendra Ram,<\/p>\n
for taking pieces of wood as Rajendra Ram has been cutting the branches<\/p>\n
of the tree. By saying so, the deceased went ahead. After half an hour<\/p>\n
Pushpa Minz, wife of the deceased, came to field of Lodhro Baraik and saw<\/p>\n
brother of Rajendra Ram, cutting the branches of the tree. At that point of<\/p>\n
time, the deceased along with Rajendra Ram came over there and while<\/p>\n
they had had talk with the brother of Rajendra Ram, all the three<\/p>\n
appellants, came over there along with their mother-Marga Minz, who<\/p>\n
asked from the deceased, as to why, he has taken some earth from the<\/p>\n
place where she had put her step but the deceased denied of taking earth.<\/p>\n
Upon which Marga Minz exhorted her three sons i.e. all the appellants to<\/p>\n
kill him. Daud Minz father of all the three appellants, who was standing<\/p>\n
near his house, also exhorted these three appellants to kill the deceased.<\/p>\n
Thereupon all the three appellants caught hold of Rajan Minz-the<\/p>\n
deceased and the appellant, Joljus Minz inflicted two or three injuries with<\/p>\n
the knife on the back of the deceased. Even then the deceased, after<\/p>\n
getting rid of himself, from their clutches, started running away, but the<\/p>\n
accused persons again caught hold of him and thereupon Joljus Minz<\/p>\n
again inflicted knife injury and when his wife Pushpa Minz, the informant<\/p>\n
(P.W.-5) came to rescue him, she was also assaulted by the appellants<\/p>\n
Chonhas Minz and Bishram Minz, but she any how fled from there. In the<\/p>\n
meantime, her husband also started running away but he fell down in the<\/p>\n
field of Birbal Baraik, where all the appellants started assaulting him<\/p>\n
indiscriminately and the appellant Chonhas Minz assaulted the deceased<\/p>\n
on his head with the piece of stone. Thereafter, appellants ran towards<\/p>\n
Pushpa Minz, for killing her, but she fled away and while she was coming
\n                           3              Cr. Appeal No.284 of 2001<\/span><\/p>\n
to the Police Station to inform about the occurrence, she met with<\/p>\n
Silbanus Tigga (P.W.9), Officer-in-Charge of Bano Police Station and other<\/p>\n
police personnel and came to the place of occurrence and they caught<\/p>\n
hold of, all four accused persons, including these three appellants.<\/p>\n
Thereupon, Pushpa Minz, wife of the deceased gave her fardbeyan (Ext.<\/p>\n
3) to said Silbanus Tigga upon which the case was instituted and the same<\/p>\n
was taken up for investigation, by P.W.-9, who made an inquest, on the<\/p>\n
dead body of the deceased and prepared an inquest report (Ext.-4). The<\/p>\n
I.O.(P.W.9) seized piece of stone (Ext.II) and earth smeared with<\/p>\n
blood,under Seizure list Ext.5, from the place of occurrence. Sleeper<\/p>\n
(Ext.III) of the deceased, was also seized, under Seizure list Ext.5\/1. On<\/p>\n
the confessional statement, made by the accused, knife (Ext.I), was also<\/p>\n
seized from near a Papaya tree, under Seizure list Ext.5\/2. Thereafter,<\/p>\n
dead body was sent for postmortem examination, which was done by Dr.<\/p>\n
C.N. Jha (P.W.1). on examination, following injuries were found on the<\/p>\n
person of the deceased.\n<\/p>\n
                    i. A lacerated wound 4″x1\/2″x scalp deep situated on
\n                        occipital area in central portion;\n<\/p>\n
                    ii. A lacerated wound 2″x1\/2″x scalp deep situated
\n                         on left side of occipital area;\n<\/p>\n
                    iii. A lacerated wound 3″x1\/2″x scalp deep situated
\n                         on partial area on left side;\n<\/p>\n
                    iv. An incised wound 1\/2″x1\/4″x1″ deep situated on
\n                          right side of neck;\n<\/p>\n
                    v. An incised wound 1″x1\/6″x1″ deep situated on
\n                         back of neck;\n<\/p>\n
                    vi. An incised wound 1″x1\/6″x1\/4′ situated on right
\n                         side of back;\n<\/p>\n
                    vii. An incised wound 1\/2″x1\/6″x1\/4″ situated on left
\n                          side of back;\n<\/p>\n
4.           On dissection, the occipital bone was found fractured,<\/p>\n
Cerebral hemisphere was lacerated. According to the Doctor, the injury<\/p>\n
nos. I, II and III were caused by hard blunt weapon, such as stones,<\/p>\n
bricks etc. whereas injury nos. IV, V, VI and VII were, caused by sharp
\n                               4           Cr. Appeal No.284 of 2001<\/span><\/p>\n
cutting weapon such as knife or any sharp cutting instrument. Accordingly,<\/p>\n
the Doctor issued post examination report (Ext.1) with an opinion that<\/p>\n
death was caused due to injury no.1.\n<\/p>\n
5.            The Investigating Officer, on completion of the investigation,<\/p>\n
submitted charge sheet upon which cognizance of the offence was taken<\/p>\n
and in due course when the case was committed to the court of Sessions,<\/p>\n
charges were framed to which the accused persons pleaded not guilty and<\/p>\n
claimed to be tried.\n<\/p>\n
6.            The prosecution in order to prove its case, examined as<\/p>\n
many as nine witnesses. Of them P.W.-3 has turned hostile whereas P.W.4<\/p>\n
and P.W.7, were tendered for cross-examination. Informant was examined<\/p>\n
as P.W.5 whereas, P.W.6 is an hearsay witness and also witness to the<\/p>\n
seizure of stone and earth smeared with blood as well as seizure of knife.<\/p>\n
P.W.-8 is a formal witness.\n<\/p>\n
7.            The learned trial court having placed implicit reliance on the<\/p>\n
testimony of the sole eye witness, getting corroboration by the medical<\/p>\n
evidence and also by the objective finding of the I.O., found the appellants<\/p>\n
guilty and thereby passed an order of conviction and sentence, as<\/p>\n
aforesaid.\n<\/p>\n
8.            Being aggrieved with the judgment of conviction and order<\/p>\n
of sentence, the appellant has preferred this appeal.<\/p>\n
9.            Learned counsel appearing for the appellants submits that<\/p>\n
the entire prosecution case rests on the sole testimony of P.W.-5, who<\/p>\n
claimed to have seen the occurrence, but her testimony of seeing the<\/p>\n
occurrence, gets belied by her statement made in the cross-examination,<\/p>\n
where she had said that she had come at the place of occurrence after<\/p>\n
half an hour of the occurrence and as, such she cannot be an eye witness<\/p>\n
to the occurrence. Moreover, she being a widow of the deceased is a more
\n                            5              Cr. Appeal No.284 of 2001<\/span><\/p>\n
interested witness and, therefore, the trial court, in view of the<\/p>\n
discrepancy, as pointed above, should not have relied on the testimony of<\/p>\n
P.W.-5.\n<\/p>\n
10.          Learned counsel further submits that it transpires from the<\/p>\n
fardbeyan and also from the evidence of P.W.5 that the other eye<\/p>\n
witnesses such as Rajendra Ram and Ramesh Ram were present at the<\/p>\n
time of occurrence but those witnesses, who could be independent<\/p>\n
witnesses have been withheld by the prosecution and as such the<\/p>\n
prosecution can certainly be said to have failed, in proving the charge<\/p>\n
beyond all reasonable doubt. It was further submitted that even some of<\/p>\n
the accused persons have been acquitted, which certainly creates doubt<\/p>\n
over the prosecution case and in that event, the trial court erred in holding<\/p>\n
the appellants guilty for the charges leveled against them.<\/p>\n
11.          Having heard learned counsel for the parties and on perusal<\/p>\n
of the record, we do find that P.W.-5, the widow of the deceased is the<\/p>\n
only eye witness. According to her, while she as well as her husband were<\/p>\n
talking with the brother of Rajendra Ram, about taking of the branches of<\/p>\n
the wood, all the appellants and their mother Marga Minz, came over<\/p>\n
there and Marga Minz made complainant to the deceased, about taking of<\/p>\n
the earth from the place, where she had put her step, which was denied<\/p>\n
by the deceased and upon it the appellant Joljus Minz inflicted two or<\/p>\n
three injuries over the back. In spite of that her husband started running<\/p>\n
away but when she came to field of Birbal Baraik, he fell down then Joljus<\/p>\n
Minz again inflicted knife injury and hiss brother-Chonhas Minz struck the<\/p>\n
head with a piece of stone. Further she has testified that when she was<\/p>\n
threatened for life, she fled away and while she was coming to the police<\/p>\n
station, she met with the Officer-in-Charge, Bano,      Police Station, who<\/p>\n
came along with other police personnel to the place of the occurrence and
\n                             6              Cr. Appeal No.284 of 2001<\/span><\/p>\n
arrested four accused persons and under this situation, she in her<\/p>\n
evidence at para-12, has testified that she after half an hour of the<\/p>\n
occurrence, came at the place of occurrence along with the police<\/p>\n
personnel, but that never means that she had not seen the occurrence<\/p>\n
rather she seems to have said so in the context that after occurrence,<\/p>\n
when she was threatened, she fled away from there and while she was<\/p>\n
coming to the police station, she met with the Officer-in-Charge of Banu<\/p>\n
Police Station, who as well as other police personnel came to the place of<\/p>\n
occurrence and, therefore, that piece of evidence appears to be more<\/p>\n
natural and that apart testimony of this witness, gets corroboration from<\/p>\n
the fact that a piece of stone and earth smeared with blood (Ext. II) were<\/p>\n
seized from the place of occurrence and even knife (Ext.1) used in the<\/p>\n
crime, was also seized, which fact gets support from the evidence of I.O.<\/p>\n
as well as P.W.-6. Of course neither weapon used nor earth smeared with<\/p>\n
blood was sent for forensic examination. Nevertheless, this lacuna as per<\/p>\n
the defence, does not affect the prosecution case adversely, as the<\/p>\n
prosecution has been able to establish that the piece of stone as well as<\/p>\n
earth smeared with blood was seized from the place of occurrence and the<\/p>\n
weapon used in the crime, was recovered, at the instance of the accused<\/p>\n
persons, particularly when there has been no suggestion by the defence<\/p>\n
that occurrence took place at other place than the place of occurrence<\/p>\n
established by the prosecution. Further, we do find that the testimony of<\/p>\n
P.W.5, gets corroboration from the evidence of Doctor (P.W.1), who found<\/p>\n
four sharp cut injuries on the neck and the back of the deceased.<\/p>\n
However, criticism has been made by the learned counsel appearing for<\/p>\n
the appellants that testimony of P.W.5 is not consistent with medical<\/p>\n
evidence as this witness has testified about the inflicting of four injuries on<\/p>\n
the back. This inconsistency, in our view is not of such nature, which does
\n                                               7              Cr. Appeal No.284 of 2001<\/span><\/p>\n
                   affect trustworthiness of the witness as position of both the parts of body<\/p>\n
                   being close to each other one, in the circumstances, may have received<\/p>\n
                   injury on the neck though blow would have been targeted at back.<\/p>\n
                   12.          Thus, we do find that the trial court, by placing implicit<\/p>\n
                   reliance upon the testimony of P.W.-5., has rightly convicted the appellant.<\/p>\n
                   Consequently, we do not find any illegality or infirmity in the impugned<\/p>\n
                   judgment and hence, it is affirmed.\n<\/p>\n
                   13.           In the result, this appeal stands rejected.\n<\/p>\n<\/p>\n
                                                               (Amareshwar Sahay, J.)<\/p>\n
                                                                  (R.R. Prasad, J.)
\nJharkhand High Court, Ranchi
\nThe 6th March, 2009
\n N.A.F.R\/Ravi\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Jharkhand High Court Joljus Minz & Ors. vs State Of Jharkhand on 6 March, 2009 Criminal Appeal (D.B.) No.284 of 2001 —– Against the judgment of conviction dated 02.07.2001 and order of sentence dated 02.07.2001, passed by learned Addl. Sessions Judge-I, Simdega, in Sessions Trial No.165 of 1998. —– 1. Joljus Minz 2. Chonhas Minz […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,18],"tags":[],"class_list":["post-54652","post","type-post","status-publish","format-standard","hentry","category-high-court","category-jharkhand-high-court"],"yoast_head":"\nJoljus Minz & Ors. vs State Of Jharkhand on 6 March, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/joljus-minz-ors-vs-state-of-jharkhand-on-6-march-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Joljus Minz & Ors. vs State Of Jharkhand on 6 March, 2009 - 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