Jharkhand High Court
Against The Judgment Of ... vs The State Of Jharkhand on 28 September, 2022
Cr. Appeal (D.B.) No. 469 of 2011
&
Cr. Appeal (D.B.) No.499 of 2010
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No. 469 of 2011
&
Cr. Appeal (D.B.) No.499 of 2010
---------
[Against the Judgment of conviction and order of sentence dated
11.02.2010 (sentence passed on 18.02.2010) passed by Sri Uday
Narayan Mishra, learned 1st Additional Sessions Judge, West
Singhbhum at Chaibasa, in connection with Sessions Trial No.12 of
2008]
Bir Singh Champia ... Appellant
(Cr. Appeal (D.B.) No.469/2011)
1. Fulchand Champia
2. Jit Mohan Champia ... Appellants
(Cr. Appeal (D.B.) No.499/2010)
-Versus-
The State of Jharkhand ... Respondent
(In both cases)
----------
PRESENT
HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
HON'BLE MR. JUSTICE AMBUJ NATH
----------
For the Appellant(s) : Mr. R. P. Gupta, Advocate
(both these cases)
For the State : Mr. Satish Prasad, A.P.P
(both these cases)
---------
C.A.V. On 27.07.2022 Pronounced On: 28/09/2022
Heard Mr. R. P. Gupta, learned counsel appearing for the
appellants and Mr. Satish Prasad, learned Addl.P.P. for the State.
2. Both these appeals i.e. Criminal Appeal (D.B.) No.469 of
2011 and Criminal Appeal (D.B.) No.499 of 2010, arise out of the same
impugned judgment of conviction and order of sentence and accordingly,
both these appeals are being disposed of by this common judgment.
3. These appeals are directed against the Judgment of
conviction and order of sentence dated 11.02.2010 (sentence passed on
18.02.2010) passed by Sri Uday Narayan Mishra, learned 1st Additional
Sessions Judge, West Singhbhum at Chaibasa, in connection with
Sessions Trial No.12 of 2008, holding the appellant, Bir Singh Champia
in Cr. Appeal (D.B.) No.469 of 2011 and the appellants, Fulchand
Cr. Appeal (D.B.) No. 469 of 2011
&
Cr. Appeal (D.B.) No.499 of 2010
Champia and Jit Mohan Champia in Cr. Appeal (D.B.) No.499 of 2010,
guilty of the offence under Sections 302/34 of the Indian Penal Code and
thereby, sentencing them to undergo imprisonment for life along with a
fine of Rs.10,000/- each for the aforesaid offences. No separate sentence
was passed in case of non-payment of fine by the appellants.
4. The prosecution case was instituted on the basis of fardbeyan of the
informant, Balima Champia, alleging therein that on 30.08.2007 at about
6:00 A.M, she and her husband, Jurendra Champia were working in their
field. At about 12 Noon, she told her husband to go home and attend the
cattle. Thereafter, her husband went home. After some time, while she
was on the way back home, her daughter Sukarmani accosted her and told
her that the appellants, Jit Mohan Champia, Fulchand Champia and Bir
Singh Champia had murdered her father and brother Chandra Mohan
Champia by inflicting Axe blows. Informant rushed home and found the
dead body of her husband, lying on a cot. He was lying in the pool of
blood and there was injury on his neck. The dead body of her son,
Chandra Mohan Champia was also lying behind her house. There was
injury on his neck. The genesis of the occurrence was the dispute between
the informant and the appellants over tying of cattle by the appellants in
the land of the deceased.
5. After investigation, police found the occurrence to be true and
submitted charge-sheet against the appellants on 30.11.2007 under
Sections 302/34 of the Indian Penal Code. After taking cognizance, the
learned S.D.J.M., Porahat at Chaibasa committed this case to the Court of
Sessions on 02.01.2008, as it was exclusively triable by the Sessions
Court.
6. Charge was framed against the appellants on 30.01.2008 under
Sections 302/34 of the Indian Penal Code. The contents of the charge
were read over and explained to them in Hindi to which they pleaded not
guilty and claimed to be tried.
7. In order to prove its case, the prosecution has adduced both oral
and documentary evidence.
Dr. D.K.Mishra (P.W.1) had performed the postmortem on the dead
bodies of the deceased, Jurendra Champia and Chandra Mohan Champia.
Cr. Appeal (D.B.) No. 469 of 2011
&
Cr. Appeal (D.B.) No.499 of 2010
He has proved the postmortem reports, which are Exhibits-1 & 1/1
respectively.
Balima Champia (P.W.2) is the informant of the case. She has
supported the case as enunciated in her fardbeyan.
Moran Singh Champia (P.W.3) is the hearsay witness. He has
proved his signature on the Fardbeyan, which is Exhibit-2. He has also
proved his signature and that of Manu Champia on the inquest reports
which are Exhibit-2 series. He has proved his signature and that of Manu
Champia on the seizure list relating to seizure of bloodstained soil from
the place of occurrence, which have also been marked as Exhibits-2/5 &
2/6 respectively. According to him, on the basis of confession of
Bir Singh Champia, bloodstained trouser and T-Shirt were recovered from
his house. Seizure list was prepared. He has proved his signature on the
seizure list and that of witness Manu Champia, which are Exhibits-2/7
and 2/8 respectively. He has further stated that the bloodstained Axe was
recovered on the basis of confession of Bir Singh Champia. Seizure list
was prepared in his presence. He has proved his signature and that of
witness Manu Champia, which are Exhibits-2/7 and 2/8 respectively.
Subani Kora (P.W.4) is the hearsay witness.
Sukarmani Champia (P.W.5) is the daughter of the informant. She
was aged about 5-6 years at the time of deposition. Learned court below
had examined her on the point whether she was a suitable witness or not.
Learned court below had found her competent enough to be examined as
a witness. She has stated that all the three appellants had murdered her
father. In her cross-examination, she has stated that she is an eyewitness
to the occurrence.
Manu Champia (P.W.6) is another witness of inquest and seizure
list relating to recoveries of bloodstained trousers & T-Shirt, bloodstained
soil and Axe. He has identified his signature in all three documents which
were marked as Exhibit-2 series.
Suman Anand (P.W.7) is the Investigating Officer of the case. He
has proved the fardbeyan which has been marked as Exhibit-3. He has
also proved the formal FIR which has been marked as Exhibit-4. He has
further proved the inquest report, which has been marked as Exhibit-5
Cr. Appeal (D.B.) No. 469 of 2011
&
Cr. Appeal (D.B.) No.499 of 2010
series. He has proved both the places of occurrence. The first place of
occurrence is in front of the house of the informant and second place of
occurrence is behind the house of the informant. He has further stated that
he apprehended the accused, Bir Singh Champia and Fulchand Champia.
He has proved the confessional statements of Bir Singh Champia and
Fulchand Champia, which are marked as Exhibits-8 & 8/a. According to
him, on the basis of their confession, bloodstained trouser and vest were
recovered. He has proved the seizure list which is marked as Exhibit-7/a.
He has further stated that on the basis of confession of accused persons,
murder weapon which is an Axe, hidden in the field of Shankar Mahto
was recovered. He has proved the seizure list, which is marked as
Exhibit-7/b.
Shiv Narayan Kamat (P.W.8) is another Investigating Officer of the
case who submitted charge-sheet.
8. The statements of the appellants were recorded under Section 313
of the Cr.P.C. Defence is general denial of the occurrence and false
implication.
9. On the basis of the evidence both oral and documentary, learned
court below held the appellants guilty and sentenced them accordingly.
10. Learned lawyer appearing on behalf of the appellants submitted
that the learned court below has held the appellants guilty on the basis of
the statement of Sukarmani Champia (P.W.5) who is a child witness. He
has further stated that the informant, Balima Champia (P.W.2) in her
fardbeyan has not claimed to be a witness to the occurrence, but she has
improved her case in her deposition before the Court, claiming to be an
eyewitness and as such, her evidence cannot be relied upon. On these
grounds, it was prayed that the judgment of conviction and order of
sentence passed by the learned Court below be set aside and this appeal
be allowed.
11. Learned Addl. P.P appearing on behalf of the State submitted that
Sukarmani Champia (P.W.5) has specifically stated that all the three
appellants had committed murder of her father. She has identified them in
the dock. It was further submitted that the confession of the appellants,
Bir Singh Champia and Jit Mohan Champia have led to the recoveries of
Cr. Appeal (D.B.) No. 469 of 2011
&
Cr. Appeal (D.B.) No.499 of 2010
bloodstained clothes and Axe used in commission of the occurrence.
According to him, the prosecution has been able to prove its case against
the appellants beyond all reasonable doubts. Accordingly, it was prayed
that this appeal be dismissed.
12. Now it has to be ascertained whether the prosecution has been able
to prove its case against the appellants beyond all reasonable doubts.
In order to come to the aforesaid findings, it has to be ascertained:
(i) Whether the deceased Jurendra Champia and Chandra Mohan
Champia died a homicidal death ?
(ii) Whether the informant Balima Champia (P.W.2) is an
eyewitness to the occurrence ?
(iii) Whether the appellants namely Bir Singh Champia, Fulchand
Champia and Jit Mohan Champia have committed homicidal death of the
deceased persons, Jurendra Champia and Chandra Mohan Champia ?
(iv) Whether the statement of Sukarmani Champia (P.W.5) can be
relied upon ?
13. The case of the prosecution is that Jurendra Champia, the husband
of the informant Balima Champia and her son, Chandra Mohan Champia
were murdered in their house on 30.08.2007 at about 12 Noon.
The informant, Balima Champia (P.W.2) has stated that on the date
of occurrence, while she was returning home, her daughter Sukarmani
Champia met her on the way and told her that her father has been
murdered by unknown persons.
Moran Singh Champia (P.W.3) has stated that on 30.08.2007, he
came to know that Jurendra Champia has been murdered on which he
went to his house and saw the dead body of Jurendra Champia, lying in
the courtyard. There was injury on his neck. He also saw the dead body of
Chandra Mohan Champia. He had also sustained injury on his neck. He is
the witness of inquest and he has identified his signature and that of other
witness, Manu Champia on the inquest report, which are marked as
Exhibit-2 series.
Manu Champia is another witness of inquest. He has identified his
signature on the inquest report.
Suman Anand (P.W.7) is the Investigating Officer of the case. He
Cr. Appeal (D.B.) No. 469 of 2011
&
Cr. Appeal (D.B.) No.499 of 2010
has stated that on 30.08.2007, he went to the place of occurrence and
prepared the inquest reports of both the deceased persons, which are
marked as Exhibit -5 series. He has stated that the dead body of Jurendra
Champia was lying in the courtyard. There were injuries on his head and
neck. He also found the dead body of Chandra Mohan Champia, lying
behind the thatched house of the informant. The dead body of Chandra
Mohan Champia was lying in a pool of blood. He seized the bloodstained
soil from the place of occurrence. He has proved the seizure list, which is
marked as Exhibit-7.
14. From perusal of the inquest report of Jurendra Champia (Exhibit-5),
it transpires that the Investigating Officer has found sharp cut injury on
the neck of the deceased. The cause of death was on account of assault by
an Axe.
From perusal of inquest report of Chandra Mohan Champia
(Exhibit-5/a), it also transpires that sharp cut injury was found on the neck
of the deceased, Chandra Mohan Champia. The cause of death has been
stated to be the injuries caused by an Axe.
15. Dr. Dhananjay Kumar Mishra (P.W.1) has performed the
postmortem on the dead bodies of Jurendra Champia and Chandra Mohan
Champia and he has found following injuries on the dead body of
Jurendra Champia :
External Injury
(i) Laceration on scalp on occipital region measuring 3" x
2"x 2" of occipital bone and brain viscera protruded out of
occipital bone.
(ii) Fracture of atlas and axis vertebra.
(iii) Laceration on the left side of neck measuring 4"x4"x4"
cutting of left sided scalene muscles, sternocleidomastoid
muscle, common carotid artery of left side, vertebral artery
of left side, trachea and oesophagus found cut from left
lateral side.
(iv) Laceration of right side of neck measuring 3" x 3"
(linear). Margin of the wound: sharp, colour of the Wound-
Blackish red.
According to this witness, death was caused due to shock and
haemorrhage due to the abovementioned external injuries.
He has further stated that the aforesaid injuries may be caused by
Cr. Appeal (D.B.) No. 469 of 2011
&
Cr. Appeal (D.B.) No.499 of 2010
Tangi.
He has proved the postmortem report of Jurendera Champia, which
is marked as Exhibit-1.
Dr. Dhananjay Kumar Mishra (P.W.1) has further stated that on the
same day, he performed the postmortem on the dead body of Chandra
Mohan Champia and found the following external injuries :-
Exernal Injury
(i) Large laceration on the anterior aspect of neck
measuring 3"x2"x2". Margin of the laceration sharp.
(ii) Trachea cut, oesophagus cut, common carotid artery
left and right cut, sternocleidomastoid muscles of both left
and right side cut.
According to this witness, death was caused due to cardio
respiratory failure due to shock and haemorrhage due to the
aforementioned external injuries.
According to him, the aforesaid injuries can be caused by Tangi.
He has proved the postmortem report of the deceased, Chandra
Mohan Champia which is marked as Exhibit-1/1.
16. From the aforesaid oral and documentary evidence, it is evident
that the prosecution witnesses have stated that they found injuries on the
neck of both the deceased. The inquest reports also reveals that the
deceased, Jurendra Champia and Chandra Mohan Champia had sustained
sharp cut injuries on their neck, which was caused by an Axe. The
aforesaid oral and documentary evidence on the point of the injuries
sustained by the deceased persons is corroborated by the medical
evidence. Dr. Dhananjay Kumar Mishra, P.W.1, who has specifically
stated that he found the injuries on the person of both the deceased which
can be caused by Axe.
17. Accordingly, we come to the finding that the deceased, Jurendra
Champia and Chandra Mohan Champia died homicidal death.
18. It is the further case of the prosecution that the appellants, Bir
Singh Champia, Fulchand Champia and Jit Mohan Champia had
committed homicidal death of the deceased.
In order to prove its case on this point, the prosecution has relied
Cr. Appeal (D.B.) No. 469 of 2011
&
Cr. Appeal (D.B.) No.499 of 2010
on the statements of Balima Champia (P.W.2) who is the informant of the
case and Sukarmani Champia (P.W.5) who is the daughter of the
informant.
19. Balima Champia (P.W.2) has stated in her Fardbeyan (Ext.-3) that
on 30.08.2007 at about 12 Noon, she was working in the field with her
husband and at about 12 Noon, she asked him to return home and attend
to the cattle. After some time, when her husband did not return, she left
for home. On the way, she met her daughter, Sukarmani Champia (P.W.5)
who told her that the appellants Bir Singh Champia, Fulchand Champia
and Jit Mohan Champia had murdered her father and brother. When she
reached home, she found the dead body of her husband Jurendra
Champia, lying on a cot. There was injury on his neck. She also found the
dead body of her son, Chandra Mohan Champia, lying behind the house
with sustained injury on his neck.
In her evidence before the Court as P.W.2, she has supported the
fact that she had sent her husband back home for attending the cattle but
when he did not return, she went to look for him. On the way, her
daughter Sukarmani met her and told her that the accused persons had
murdered her husband by Axe. When she reached at the place of
occurrence, she saw the accused persons, assaulting her husband.
Thereafter, they fled away with the Axe.
In her cross-examination, she has denied that she is not the
eyewitness. From perusal of the statement of the witness, Balima
Champia (P.W.2) which has been recorded in her Fardbeyan, it appears
that she has not claimed to be an eyewitness, while from her statement
recorded in the Court, it is evident that she has stated that she saw the
appellants, assaulting her husband.
From the aforesaid facts, it transpires that there is a vital
contradictions in the statement of Balima Champia (P.W.2), vis-a-vis, her
statement in the Fardbeyan and her statement recorded during trial
regarding the fact that she is an eyewitness. Accordingly, her statement to
the extent that she saw the appellants, assaulting her husband cannot be
relied upon.
20. Sukarmani Champia (P.W.5) is a child witness. Before recording
Cr. Appeal (D.B.) No. 469 of 2011
&
Cr. Appeal (D.B.) No.499 of 2010
her evidence, learned Trial Court had examined her competency and
found her to be a competent witness. She has stated that the accused
persons had murdered her father by assaulting him by Axe. She could not
name the accused persons but she has identified them in the dock. In her
cross-examination, she has specifically stated that she had seen the
occurrence. She has further stated that Bir Singh Champia was holding
Axe and the other appellants namely Fulchand Champia and Jit Mohan
Champia were empty handed. The fact that appellant Bir Singh Champia
was holding Axe was reiterated by her in her cross examination.
This witness has withstood the test of cross-examination. Though
she has not stated anything about the fact that she saw the appellants,
murdering her brother, but she has clearly stated that she saw them
murdering her father. Had she been tutored witness as she would have
stated about seeing the murder of her brother Chandra Mohan Champia.
Accordingly, the evidence of this witness, Sukarmani Champia (P.W.5)
can be safely relied upon.
21. As far as the appellant, Bir Singh Champia and Fulchand Champia
are concerned, it is the case of the prosecution that bloodstained Axe was
recovered on the basis of their confession.
Suman Anand (P.W.7) has stated that he had apprehended Bir Singh
Champia and Fulchand Champia and recorded their confessions. He has
proved their confessions, which were marked as Exhibits-8 & 8/a. He has
further stated that on the basis of their confessions, bloodstained trouser
and vest were recovered. Seizure list was prepared and he has proved the
seizure list which is marked as Exhibit-7/a. He has further stated that on
the pointing out by both the appellants, Bir Singh Champia and Fulchand
Champia, the Axe used in the murder of the deceased persons was
recovered from the field of Shankar Mahto. He has proved the seizure list
which is marked as Exhibit-7/b.
The seized Axe was sent for forensic examination. The forensic
report has been adduced in evidence as Exhibit-9. According to the
forensic report, human blood was found on the Axe.
22. As far as the appellant, Jit Mohan Champia is concerned,
Sukarmani Champia (P.W.5) has specifically stated that the appellant,
Cr. Appeal (D.B.) No. 469 of 2011
&
Cr. Appeal (D.B.) No.499 of 2010
Jit Mohan Champia was present at the place of occurrence alongwith
appellants Bir Singh Champia and Fulchand Champia. Appellant, Bir
Singh Champia was armed with an Axe and all the three appellants had
murdered her father. She has not been cross-examined on the point
of the appellant, Jit Mohan Champia's presence at the place of occurrence
alongwith other accused persons at the time of occurrence and Sukarmani
Champia (P.W.5) has specifically stated that he was one of the assailants.
On 30.08.2007 at about 12 Noon, Jurendra Champia was murdered
in the courtyard of the house, whereas his son Chandra Mohan Champia
was murdered behind his house.
23. As far as the offence relating to murder of Chandra Mohan
Champia is concerned, there is no eyewitness of the occurrence. The sole
eyewitness, Sukarmani Champia (P.W.5) has stated that she had seen all
the three appellants, murdering her father.
24. From the evidence of Dr. Dhananjay Kumar Mishra (P.W.1), it
transpires that the time of death of Jurendra Champia was 12 to 48 hours
from the time of his postmortem. His postmortem was performed at 11:40
A.M on 31.08.2007. This witness has further stated that on the same day
at about 11:30 A.M, he had performed the postmortem of Chandra Mohan
Champia, a six years old male child and the time of his death was within
12 to 48 hours. Both the deceased have sustained injuries mainly on their
neck by an Axe, resulting in their death.
From the aforesaid facts, it can be safely concluded that both
Jurendra Champia and Chandra Mohan Champia were murdered at the
same time. Jurendra Champia was murdered in the courtyard of his house
and Chandra Mohan Champia was murdered behind his house.
25. Murder of both Jurendra Champia and Chandra Mohan Champia
are connected with one another reflecting the state of things under which
murder of both the deceased happened and the same points out towards
the fact that all the three appellants were present at the place of
occurrence and were seen for committing murder of Jurendra Champia by
an Axe. Murder of Chandra Mohan Champia was committed more or less
at the same place, at the same time and also the manner of assault was
same. So, the entire circumstances leading to murder of Chandra Mohan
Cr. Appeal (D.B.) No. 469 of 2011
&
Cr. Appeal (D.B.) No.499 of 2010
Champia points out towards the fact that it was the appellants, Bir Singh
Champia, Fulchand Champia and Jit Mohan Champia who had caused the
homicidal death of Chandra Mohan Champia.
From the aforesaid facts and circumstances, we come to the finding
that the prosecution has been able to prove that the appellants, Bir Singh
Champia, Fulchand Champia and Jit Mohan Champia have caused
homicidal death of the deceased Jurendra Champia and Chandra Mohan
Champia.
26. Learned court below while holding the appellants guilty of the
murder of Jurendra Champia and Chandra Mohan Champia for the
offence under Sections 302/34 of the Indian Penal Code has considered
all the evidences both oral and documentary on record.
Accordingly, we do not find any infirmity in the judgment of the
learned Court below to require any interference.
27. As such, these appeals stand dismissed.
28. Pending interlocutory application, if any, also stands disposed off.
(Rongon Mukhopadhyay, J.)
(Ambuj Nath, J.)
Jharkhand High Court, Ranchi.
Dated : 28/09/2022
BS/ N.A.F.R.
