The court upheld the conviction for murder based on overwhelming eyewitness testimony and medical evidence, emphasizing that the absence of motive does not negate guilt.

JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. Jitendra Tripathi, learned Amicus Curiae for the appellant and Mr. Pankaj Kumar Mishra, learned APP.

2. This appeal is directed against the judgment and order of conviction and sentence dated 16.04.1999 (sentenced passed on 17.04.1999) passed by Shri S.N. Singh, learned 2nd Additional Sessions Judge, Gumla in Sessions Trial No. 34 of 1998, whereby and whereunder, the appellant has been convicted for the offences punishable u/s 302 and 324 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life for the offence u/s 302 I.P.C. and rigorous imprisonment for three years for the offence u/s 324 I.P.C. Both the sentences were directed to run concurrently.

3. The prosecution case arises out of the fardbeyan of Dore Uraon recorded on 09.08.1997 in which it has been stated that around 3.00 p.m., Dilu Lohra (appellant) brandishing a knife was abusing the villagers. When the villagers tried to reason with Dilu Lohra, he instead inflicted knife blow upon Jogi Uraon grievously injuring him. It has been alleged that Jalha Uraon, Charo Uraon, Kharu Uraon and the brother of the informant Bahan Uraon went to the courtyard of Madho Uraon to save Jogi Uraon, but Dilu Lohra attacked them with the knife and the injury inflicted upon Bahan Uraon proved fatal. Dilu Lohar thereafter fled to his house. The reason for the occurrence is a case instituted for stealing tamarind from the tree and Dilu Lohra was in support of the person who had lodged the case.

Based on the aforesaid allegations, Basia P.S. Case No. 50/1997 was instituted. On completion of the investigation, charge-sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as Sessions Trial No. 34 of 1998. Charge was framed against the accused for the offence punishable u/s 307, 324 and 302 of the I.P.C. 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 nineteen (19) witnesses in support of its case.

P.W. 1 Dr. Krishna Prasad was posted as a Civil Assistant Surgeon at Sadar Hospital, Gumla and on 10.08.1997 he had conducted autopsy on the dead body of Bahan Uraon and had found the following :

Rigor mortis was absent in upper limbs and present in lower limbs.

1. Stab injury just below 12th rib on left side, 1" x 1/2" x 2 ‰ " resulting into heamorperitonium and rapalium of spleen.

This injury is grievous, ante mortem in nature caused by sharp pointed weapon like knife and was responsible for causing death in ordinary course of nature.

The cause of death was opined to be due to shock and haemorrhage.He has proved the postmortem report which has been marked as Ext. 1.

P.W. 2 Jogi Oraon has stated that he had come home after ploughing the field when his wife disclosed that Dilu Lohra has called him. After having his food, he left for Tangra Pahar from where Dilu Lohra took him to the house of Madho Uraon where Fagu Uraon, Sadhu and others were present and all were consuming liquor. He has stated that Dilu Lohra all of a sudden made indiscriminate assault upon him with a knife and he had managed to flee away. When Kharu Uraon, Charo Uraon, Jalha and Bahan Uraon tried to reason with Dilu Lohra he instead attacked and injured them with knife blows and Bahan Uraon died on account of such assault. He had gone to Referral Hospital, Basia for treatment.

In cross examination he has deposed that for the last 2-3 years, the villagers have been divided into groups. A case was instituted on account of stealing of tamarind.

P.W. 3 Charo Uraon has stated that the accused had called Jogi Uraon and had taken him to the house of Madho Uraon. Jogi had disclosed that the accused had knifed him. When on alarm, he went to the house of Madho Uraon, he had found the accused, Champa, Fagu, Madho and others having Hariya. When the accused was being made to understand, he questioned their inte