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2019 Supreme(Jhk) 567
IN THE HIGH COURT OF JHARKHAND AT RANCHI
APARESH KUMAR SINGH, KAILASH PRASAD DEO, JJ.
Gandur Oraon - Appellant
Versus
The State of Bihar (now Jharkhand) - Respondent
Cr. Appeal (D.B.) No. 128 of 1996(R)
Decided On : 13-03-2019
Advocate Appeared:
For the Appellant :Mr. Ritesh Kumar Advocate
For the State : Mr. Shekhar Sinha, Additional Public Prosecutor
Headnote:
Indian Penal Code,1860 - Section 302 - Criminal Procedure Code,1973 - Section 313 - Evidence Act - Section 27 - Investigation - Offence of murder - Case is based on of informant who was of Village Gram in evening his was recorded before officer-in-charge at Police Station inter-alia alleging that today in afternoon when he was returning through crossing to his house at line hotel one Joseph Bara informed him that wife of (accused) of same village aged has been murdered and someone has thrown her dead body in well of village and that dead body was floating over water- Then informant along with Joseph and two other staff of Block went there and saw dead body floating over water- On seeing it they noticed that body had injuries on neck and in front portion- dead body was retrieved by means of rope- He informed this incidence and that certain villagers Karma and others met him on way and they also saw dead body and that had gone towards police station for giving information- –Held, Proved-Provided that when any fact is deposed as discovered in consequence of information received from a person accused of any offence in custody of a police officer so much of such information whether it amounts to a confession or not as relates distinctly to fact thereby discovered may proved consequence of which is discovered only would be admissible evidence whether such information amounts to confession or not basic idea embedded Section Evidence Act doctrine of confirmation by subsequent events- doctrine is founded principle that if any fact is discovered in a search made on strength of any information obtained from a prisoner such a discovery is a guarantee that information supplied by prisoner is true- information might be confessional or nature but it results in discovery of it becomes information When evidence of prosecution is linked together in such a fashion they form a complete chain of circumstances conclusively proved leading to only hypothesis which is not in consonance with innocence of accused/appellant but only points out to his guilt and of no other person- We find from evidence of Investigating Officer that place of occurrence is well and its surrounding paddy fields and postmortem report shows that dead body was sodden and - When all these incriminating materials are taken together we do not bear any doubt that prosecution has been able to bring home charge under as against accused/appellant herein- We therefore do not find reason to interfere in impugned judgment of conviction and order of sentence both passed in Sessions Trial Additional Sessions - Appeal dismissed
JUDGMENT :
1. Heard learned Counsel for the appellant and learned Additional Public Prosecutor representing the State.
2. The sole appellant who stands convicted for the offence of murder under Section 302 of the Indian Penal Code and Section 201 of the Indian Penal Code by the impugned judgment dated 08.04.1996 passed in Sessions Trial No. 120 of 1991 by the learned Additional Sessions Judge, Gumla is before us in this appeal. The learned trial court by order of sentence of the same date sentenced the accused/appellant to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and further to undergo rigorous imprisonment for seven years under Section 201 of the Indian Penal Code, both the sentences were directed to run concurrently.
3. During pendency of this appeal the appellant was enlarged on bail by order dated 06.08.1996.
4. The prosecution case is based on the fardbeyan of informant, Bukhla Oraon, (P.W.5), son of Late Jagru Oraon village Kudra, P.S. Sisai, District Gumla who was the mukhiya of Village Kudra Gram Panchayat. On 19.08.1990 at 16 hours in the evening his fardbeyan was recorded before the officer-in-charge at Sisai Police Station inter-alia alleging that today at 3 o'clock in the afternoon when he was returning through crossing to his house at Kudra, near Sarai Tola, line hotel, one Joseph Bara informed him that the wife of Gandur Oraon (accused) Madwa Orain of the same village Kudra aged about 19 years has been murdered and someone has thrown her dead body in the well of Akhtar Mian of village Sisai and that the dead body was floating over the water. Then the informant alongwith Joseph Bara, Laxmi Bhagat and two other staff of Sisai Block went there and saw the dead body floating over the water. On seeing it they noticed that the body had injuries on the neck and in the front portion. The dead body was retrieved by means of rope. He informed this incidence to Malar chawkidar of Kudra and that certain villagers Karma Oraon and others met him on the way and they also saw the dead body and that the chawkidar had gone towards the police station for giving information. Thereafter the informant also followed to the police station to ascertain whether the information has been furnished by the chawkidar and finding the chawkidar absent there he recorded the fardbeyan. The informant alleged that the house of in-laws and the paternal house of the deceased Madwa Orain was in the same village Kudra, but her father, mother and brother were not there therefore, she use to stay both at her paternal place and also at her in-laws place. The informant further stated that it came to his knowledge that the deceased was not seen in the village since last Thursday. The informant further stated that it was not known as to who killed Madwa Orain but the in-laws of the deceased should have reported about her missing in the police station or panchayat.
5. The formal F.I.R. bearing Sisai P.S. Case No.93 of 1990 dated 19.08.1990 under Section 302 of the Indian Penal Code was instituted against unknown.
6. Upon conclusion of investigation chargesheet was submitted bearing No. 45 of 1990 dated 31.10.1990 against Gandur Oraon (appellant), Etwa Oraon his father and Gondro Oraon son of Bijla Oraon, all of village Kudra, P.S. Sisai, Gumla under Section 302/201 of the Indian Penal Code.
7. After Cognizance and commitment to the learned court of Sessions charges were framed against the two accused persons, Gondro Oraon and Gandur Oraon on 20.12.1991 as Etwa Oraon has died. Gandur Oraon has been charged under Section 302 IPC and Gondro Oraon and Gandur Oraon have been charged under Section 201 IPC vide order dated 20.12.1991. The charges were read over to the accused persons in Hindi to which they pleaded not guilty and claimed to be tried. During the course of trial prosecution examined ten witnesses as under.
Bijai Kumar Singh was examined as P.W.-1. He was an Advocate Clerk who identified the handwriting and the signature
