The court emphasized the necessity of a fair trial, particularly the proper questioning of the accused under Section 313 Cr.P.C., leading to the overturning of a flawed conviction.

JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. Kripa Shankar Nanda, learned counsel for the appellant and Mr. Suraj Verma, learned Spl. P.P.

2. This appeal is directed against the judgement and order of conviction and sentence dated 22-03-2014 (sentence passed on 25.03.2014) passed by Sri Kaushal Kishor Jha, No.1, learned Principal Sessions Judge, Simdega in S.T. No. 84/2010, whereby and whereunder, the appellant has been convicted for the offence punishable under Section 302 IPC and has been sentenced to undergo rigorous imprisonment for life along with a fine of Rs. 5,000/- and in default in payment of fine, to undergo further rigorous imprisonment for three months.

3. The prosecution case arises out of the fardbeyan of Santosh Bading recorded on 26-06-2010, in which it has been stated that in the village construction of the house of Gunu Nayak was going on and the villagers were to be fed Hadiya for putting the wooden logs on the roof and the Hadiya was prepared by Soma Bading (appellant). On 25-06-2010, several villagers had consumed Hadiya in the house of Soma Bading. It has been stated that the uncle and aunt of the informant, namely, Mangra Bading and Etwari Bading had gone for consuming Hadiya to the house of Soma Bading at 3:00pm. When Soma Bading expressed his inability to serve them Hadiya as it was already consumed by the villagers, both demanded Mahua liquor. It has been alleged that Soma Bading gave them half bottle of Mahua liquor which was consumed by the uncle and aunt of the informant, who demanded liquor of Rs. 5/- which also was supplied and consumed by them. After consuming liquor, the aunt of the informant cursed Soma Bading that since he did not supply Hadiya, his entire family will be ruined. It has been alleged that on 26-06-2010, a meeting was called by the villagers to discuss about the refusal on the part of Soma Bading to supply Hadiya to the uncle and aunt of the informant and when Soma Bading came to know about the meeting, he came with a ‘Kulhari’ and assaulted the aunt of the informant which resulted in her death. When the uncle of the informant rushed out to save his wife, he was also assaulted with a kulhari and he also died at the spot.

Based on the aforesaid allegations, Jaldega (Orga O.P.) P.S.Case No. 18/2010 was instituted. On completion of investigation, charge sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as S.T. No. 84/2010. Charge was framed against the accused under Section 302 IPC which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as eight witnesses in support of its case:

P.W.1 Sukaru Bading and P.W.2 Raju Nayak did not support the case of the prosecution and were declared hostile by the prosecution.

P.W.3 Gunu Nayak has stated that he has no knowledge about the occurrence.

P.W.4 Bachan Nayak has stated that the incident is about 2 years back at 9:00am, when he was in his house. Soma Bading had come with an axe in front of his house and committed assault on the wife of Etwari Bading and thereafter, on Mangra Bading. Both died instantaneously. Soma Bading thereafter, surrendered in the Police Station.

In cross-examination, he has deposed that it is not a fact that Hadiya was being prepared in the house of Soma Bading at the instance of Gunu Nayak. The house of Mangra Bading is situated at a distance of 15 yards from his house. The incident occurred about 100 yards on the western side from the house of Mangra Bading. The incident occurred in front of his house and he had witnessed the incident from his house. Soma Bading had assaulted Etwari from the backside. He had struck Etwari 2-3 times and she fell on her face in the ground. He did not raise any alarm. Mangra Bading was also assaulted 3-4 times from the backside. He was assaulted on the back and neck. He once again did not raise any alarm. There was a space of 10 mi