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2020 Supreme(Jhk) 1108
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SHREE CHANDRASHEKHAR, RATNAKER BHENGRA, JJ.
Satan Murmu, S/o. Late Alma Murmu & Ors. - Appellants
Versus
The State of Jharkhand - Respondent
Criminal Appeal (D.B.) No. 662 of 2011
Decided On : 31-08-2020
For the Appellant :Mr. Rajeeva Sharma, Sr. Advocate.
For the State : Mrs. Nehala Sharmin, A.P.P.
Inconsistencies and deficiencies in prosecution evidence, discrepancies between medical and ocular evidence, and failure to prove motive can seriously challenge the prosecution case.
Headnote:
IPC - Conviction under Section 302, Section 201, and Section 148 - [Section 302, Section 201, Section 148]
Fact of the Case:
The appellants were convicted for assaulting and killing Maisuri Murmu due to a land dispute. The prosecution witnesses provided testimony, but inconsistencies and deficiencies in their evidence raised doubts about the occurrence.
Finding of the Court:
The court found serious discrepancies in the evidence and concluded that the prosecution failed to establish the charge beyond reasonable doubt. The medical evidence did not corroborate the ocular evidence, and the extra-judicial confession by the appellants was deemed unreliable.
Issues: Inconsistencies and deficiencies in the prosecution evidence, discrepancies between medical and ocular evidence, reliability of extra-judicial confession, and failure to prove motive for the crime.
Ratio Decidendi: The court should not act upon testimony of the prosecution witnesses if there are serious discrepancies in the evidence. Inconsistencies between medical and ocular evidence can challenge the prosecution case. Extra-judicial confession must be proved and its reliability assessed. Failure to prove motive for the crime can be fatal for the prosecution.
Final Decision: The conviction and sentence of the appellants under Section 148, Section 302, and Section 201 of the Indian Penal Code were set aside, and the appellants were ordered to be set free forthwith.
JUDGMENT :
Shree Chandrashekhar, J.
In S.C. case No. 229 of 2008, the appellants have been convicted and sentenced to R.I. for life with fine of Rs.2,000/- each under Section 302 IPC, R.I. for seven years under section 201, IPC and R.I for three years under Section 148, IPC; all the sentences to run concurrently.
2. At about 10:00 a.m. on 31.08.2008, statement of Jitan Hansda, the husband of Maisuri Murmu, was recorded by the officer-in-charge of Pakuria P.S. at village-Salgadih. On the basis of his fard-beyan, Pakuria P.S. Case No. 30 of 2008 was lodged against the appellants, namely, Satan Murmu, Babulal Murmu, Dinesh Murmu, Noren Murmu, Umesh Murmu and Ramesh Murmu under Sections 147, 148, 149, 302 and 201, IPC. After the investigation a charge-sheet was submitted against them and charges were framed under Section 148, Section 302 and Section 201, IPC. During the trial the prosecution has examined ten witnesses to prove the charge against the accused persons. Parmeshwar Murmu-P.W. 1, Novel Soren P.W. 3, Dhena Tudu-P.W. 4, Kaka Tudu-P.W. 5, Metal Murmu-P.W. 6 and Srijan Tudu-P.W. 7 are the co-villagers, P.W. 2 is father of the informant who has been examined as P.W. 9.
3. The defence has set-up a case that none of the witnesses has seen the accused persons committing the crime and at the instance of P.W.2, father of the informant, they were implicated in this case to grab their land.
4. The case of the prosecution is that in the morning of 03.08.2008 Maisuri Murmu was going to dispose cow dungs and at about 100 meters south from her house the accused persons waylaid and assaulted her with Lathi, Sabbal and Tanga. Dhena Tudu and Jitan Hansda have seen the accused person assaulting her. After some time on a search by the villagers the dead body of Maisuri Murmu was found in her own field at about 1/2 kilometer from the place where she was assaulted by the accused persons. There was a dispute in respect of the land comprised under Jamabandi No. 44 and that was the reason she was killed by them.
5. Maisuri Murmu has died a homicidal is not disputed by the defence. P.W.8, Dr. Raj Kumar Chaudhary has conducted the post-mortem on 04.08.2008 at 10:20 a.m. and found one deep sharp-cut injury; 4" x 5" in size, on back of the scalp of Maisuri Murmu. He has also found multiple rib fractures and extensive laceration with plenty of blood in the cranial cavity. A sharp cutting heavy weapon was used in the crime can be gathered from the observation of P.W. 8 who has found the skull bone cut upto the brain matter. He has also observed bleeding from her ears and nose.
6. P.W. 4 and P.W. 9 are the star witnesses for prosecution. P.W. 4, a co-villager, has deposed in the Court that on the day of the occurrence at about 6:30-7:00 a.m. when she was going to Chattan Tola from Salgadih she heard hullah. When she moved ahead she found Satan Murmu, Babulal Murmu, Umesh Murmu, Ramesh Murmu and Noren Murmu assaulting Maisuri Murmu with Sabbal and Lathi. She fled away home and at about 9:00 a.m. raised hullah. She along with the villagers went to the place of occurrence where she has seen trampled maize crops but the dead body was not there. She has further stated that police had recovered the dead body from a paddy field. P.W. 9 has deposed in the Court that on 03.08.2008 at about 7:00 a.m. his wife had gone to dispose cow dung and when she moved about 100 meters south from house the accused persons forming an unlawful assembly started assaulting her with Lathi, Tanga, Sabbal and rod. On hearing hullah when he went there the accused persons tried to kill him so he fled away and hid in the house of Parmeshwar Murmu who is Nayaki of the village. He says that he informed him about the incident and he alongwith the villagers started searching the dead body as the dead body was not found at the place where the accused persons had assaulted his wife and the dead body was found about 1/2 kilometer south in the field. He has seen Tanga injury on back of the scalp of
