Jharkhand High Court
Patwari Hembram vs The State Of Bihar (Now Jharkhand) on 14 January, 2025
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
[Against the judgment and order of conviction and sentence dated 14.07.1999
(sentence passed on 15.07.1999) passed by Shri Mungeshwar Sahoo, learned
1st Additional Sessions Judge, Godda in Sessions Case No. 100 of 1998 / 147
of 1998]
Cr. Appeal (D.B.) No. 327 of 1999 (P)
1. Patwari Hembram, S/o Betkea Hembram
2. Lakhi Besra @ Jalkhai Besra, S/o late Birju Besra
Both residents of village Dhamini, P.S. Boarijere, District-
Godda ... ... Appellants
Versus
The State of Bihar (Now Jharkhand) ... ... Respondent
With
Cr. Appeal (D.B.) No. 458 of 1999 (P)
1. Charan Hembram, S/o Gudan Hembram, R/o Village-
Tulsipur, P.S. Boarijere, District- Godda
2. Bablu Marandi, S/o Ramaka Marandi, R/o Village- Dhamini,
P.S. Boarijere, District- Godda. ... ... Appellant
Versus
The State of Bihar (Now Jharkhand) ... ... Respondent
...........
For the Appellants : Mr. L.C.N. Shahdeo, Amicus Curiae
(In both cases)
For the State : Mr. Shiv Shankar Kumar, A.P.P.
(In both cases)
PRESENT
HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
HON'BLE MR. JUSTICE ARUN KUMAR RAI
...........
C.A.V. on 20/12/2024 Pronounced on 14/01/2025
Per Rongon Mukhopadhyay, J.
Heard Mr. L.C.N. Shahdeo, learned Amicus Curiae
for the appellants and Mr. Shiv Shankar Kumar, learned A.P.P. for
the State.
2. Since both these appeals arise out of a common
judgment the same are being disposed of by this common order.
3. These appeals are directed against the judgment
and order of conviction and sentence dated 14.07.1999 (sentence
passed on 15.07.1999) passed by Shri Mungeshwar Sahoo, learned
1st Additional Sessions Judge, Godda in Sessions Case No. 100 of
1998 / 147 of 1998, whereby and whereunder, the appellants have
been convicted for the offences punishable u/s 302/34 and
201/34 of the IPC and have been sentenced to R.I. for life for the
conviction u/s 302/34 of the IPC and R.I. for two years for the
conviction u/s 201/34 of the IPC.
4. The prosecution case arises out of the fardbeyan of
Hemlal Baski recorded on 16.01.1998, in which, it has been stated
that the father of the informant namely, Marang Baski had left for
village Babupur and village Dhamni on 10.01.1998 for giving
invitation for Bandhana festival. Till 15.01.1998 the father of the
informant did not return and on 16.01.1998 the informant and his
uncle Sanjhla Baski and the mother of the informant Barki
Marandi went to village Dhamni in search of the father of the
informant to the house of Etwari Marandi. Etwari Marandi had
disclosed that the father of the informant had come to his house on
11.01.1998 from Babupur and had dinner at his place. The uncle
of the informant had further disclosed that on 12.01.1998 at
12:00-1:00 P.M. Bablu Marandi, Maha Marandi and Bhagirath
Soren had taken Marang Baski to village Hijri to have liquor.
Etwari Marandi did not accompany them though they had insisted
him to go to Hijri to consume liquor. On 14.01.1998 the uncle of
the informant Etwari Marandi came to know that a dead body is
lying in Dhankunda hills and when he went he found the dead
body to be that of Marang Baski. There was a land dispute with
respect to the 2½ bighas of land belonging to the maternal
grandmother of the informant which Bablu Marandi wanted to use.
Based on the aforesaid allegations Boarijore
(Lalmatia) P.S. Case No. 6/1998 was instituted u/s 302/201/34 of
the IPC. 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 Sessions Case
No. 100 of 1998. Charge was framed u/s 302/34 and 201/34 of
the IPC against the accused persons which were read over and
explained to them to which they pleaded not guilty and claimed to
be tried.
5. The prosecution has examined as many as seven
witnesses in support of its case.
6. P.W.1 (Jisu Murmu) has stated that Bablu and
Baburam had taken him to Marang Baski for drinking liquor at
Hijri village. They had consumed liquor and had chicken. Along
with them were Baburam, Jolkha Besra, Patwari, Bablu and
Charan Hembram. He has stated that when all of them were
returning back Marang Baski was caught in the middle of Hijri
village and after being murdered was thrown in the Dhankunda
hills. When he had fled away Marang Baski was with the other
persons.
In cross-examination, he has deposed that Police
recorded his statement after 5-6 days from the date of occurrence.
He did not converse with Charan. Marang Baski had consumed too
much of liquor and everyone were in an intoxicated state. Charan
had a chemni in his hand. When Charan had told him to leave he
out of fear fled away and went to his in-laws place where he
disclosed about the incident to Etwari. He had not disclosed about
the incident to anyone except Etwari. On the next morning he
came to know that Marang Baski has been murdered.
7. P.W.2 (Etwari Marandi) has stated that on the date
of occurrence he was in his house when Jisu Murmu, Marang
Baski and Bablu Marandi had come to his house to have liquor
and after consuming liquor they had gone to Hijri village. On the
next day Jisu Murmu had disclosed that Marang Baski has been
murdered. He had gone to see the dead body where he found that
the throat of Marang Baski has been slit. Jisu had stated that
Bablu Marandi, Patwari Hembram, Baburam Besra, Jolkha Besra
and Charan have committed the murder of Marang Baski.
In cross-examination, he has deposed that Jisu,
Marang and Bablu had come to his house at 8:00 A.M. for having
liquor and they stayed for about half an hour. In spite of the
insistence by them to go to village Hijri for having liquor he did not
go. On the next morning Jisu had come to his house, disclosed
about the incident and went away. He had not disclosed anything
to the villagers.
8. P.W.3 (Mahabir Oraon) has stated that on
12.01.1998 he had gone to Dhamni hills in search of Marang Baski
and found his dead body at the said place. The son of Marang
Baski had told him that his father has not returned home for the
last 3-4 days and that a dead body has been located at Dhamni
hills and this occasioned him to go to the said place. He has proved
his signature on the inquest report which has been marked as
Exhibit-1.
In cross-examination, he has deposed that he had
conducted the search for Marang Baski the day his son had
informed him that his father is missing.
9. P.W.4 (Barki Marandi) is the wife of the deceased
who has stated that she had gone in search of her husband with
Mahabir, Sanjhla and Etwari Marandi and found his dead body at
Dhankunda hills. About a month back Bhagirath Soren, Bablu
Marandi and Maha Marandi had threatened to commit the murder
of her husband and she has stated about these persons
committing the murder. The reason for the animosity is that
Bhagirath had ousted her sister Talamani Marandi and his six
years old son who had taken shelter in her house and are residing
there.
In cross-examination, he has deposed that Etwari
who is her cousin brother had disclosed that the dead body of her
husband is lying in Dhankunda hills. She had not informed about
the threatening to either the Chowkidar or the Sarpanch or
Mukhia.
10. P.W.5 (Sanjhla Baski) has stated that Etwari
Marandi had disclosed that a dead body is lying at Dhankunda
hills at which he, Hemlal Baski, Mahabir Oraon, Barki Marandi
and Etwari Marandi had gone to the said place and found the dead
body of Marang Baski. Etwari Marandi had disclosed that people
from Dhamni have committed the murder. He does not know the
name of those persons. This witness has been declared hostile by
the prosecution.
11. P.W.6 (Amod Narayan Singh) was posted as the
Officer-in-Charge of Lalmatia P.S. and on 16.01.1998 he had heard
a rumor about a dead body lying in the jungle in Dhankunda hills.
After making a station diary entry he had gone to the place of
occurrence where he recorded the fardbeyan of the informant and
prepared the inquest report of Marang Baski. The dead body was
thereafter sent for postmortem examination. He has proved the
fardbeyan and the inquest report which have been marked as
Exhibits- 2 and 3 respectively. The formal FIR has been proved and
marked as Exhibit-2/1. He had inspected the place of occurrence
which is at a lonely place with jungles nearby and situated about
half a Kilometer from Dhankunda village. The statement of the
witnesses were recorded and on completion of investigation charge-
sheet was submitted.
In cross-examination, he has deposed that he had
not recorded the statement of Barki Marandi. It is not a fact that
she had gone to inform the Police.
12. P.W.7 (G.P. Pandey) was posted as a Medical Officer
in Sadar Hospital, Godda and on 17.01.1998 he had conducted
autopsy on the dead body of Marang Baski and had found the
following:
Antemortem injuries:
(i) Incised penetrating wound 1½" x 1½" x 2"
deep on front of chest left side.
(ii) Incised wound 1½" x ½" x scalp deep on
front of head
(iii) Incised wound on front of neck 5" x 1" x
2" deep in upper part with cutting of
larynx and esophagus and blood vessels
on front of neck.
(iv) Bruise 5" x 1" on front of abdomen.
The cause of death has been opined to be
hemorrhage, shock and cutting of vital organs of neck. He has
proved the postmortem report which has been marked as Exhibit-
4.
13. The statements of the accused were recorded u/s
313 Cr.P.C., in which, they have denied their complicity in the
murder.
14. It has been submitted by Mr. L.C.N. Shahdeo,
learned Amicus Curiae for the appellants that admittedly there are
no eye-witnesses to the occurrence and the case of prosecution is
based on the evidence of P.W.1 and P.W.2. The informant has not
been examined and there is no corroborative features in the
evidence of P.W.1 and P.W.2 vis-à-vis the other witnesses.
15. Mr. Shiv Shankar Kumar, learned A.P.P. for the
State has submitted that P.W.1 has categorically stated about the
accused persons catching hold of the deceased and Charan was
armed with a Chemni and this itself is a sufficient proof of the
involvement of the appellants in committing the murder of Marang
Baski.
16. We have heard the learned counsel for the
respective parties and have also perused the Trial Court Records.
17. In the First Information Report the perpetrators of
the murder of Marang Baski has been shown to be Bablu Marandi,
Mahe Marandi and Bhagirath Soren. This was on the basis of the
disclosure made by Etwari Marandi to the informant and the cause
of the murder is said to be a land dispute. The informant has not
been examined by the prosecution. Suspicion has also been cast
upon these three accused by P.W.4, the wife of the deceased who
though has given a different reason for the incident connected with
Bhagirath Soren. P.W.1 however has given a completely different
version involving some other persons who had caught hold of the
deceased though Bablu Marandi seems to be a common feature in
both the versions and Charan had a Chemni in his hand at which
he had fled away from the place of occurrence. P.W.1 had disclosed
about the incident to P.W.2 but it seems that neither P.W.2
disclosed about the same to the informant nor to P.W.4 the wife of
the deceased or to any other person. Even P.W.1 had kept silent for
a few days and never disclosed about the incident to anyone except
P.W.2 and as we have noted above the silence of P.W.2 throughout
in naming the appellants as the persons involved in the murder
has diluted the case of the prosecution. The fardbeyan was
recorded at village Dhankunda and the statement of P.W.2 as per
his evidence was recorded near the dead body which would
indicate that P.W.2 was aware about the contents of the fardbeyan
and his silence speaks volumes about the case of the prosecution.
The learned trial court has relied upon the evidence of P.W.1 and
P.W.2 without making an in-depth analysis of the veracity of their
evidence. The evidence of P.W.1 and P.W.2 in view of its
uncorroborative nature in the backdrop of the circumstances of the
case would render their evidence of no assistance to the
prosecution.
18. We, therefore, on the basis of the discussions made
hereinabove, set aside the judgment and order of conviction and
sentence dated 14.07.1999 (sentence passed on 15.07.1999)
passed by Shri Mungeshwar Sahoo, learned 1st Additional Sessions
Judge, Godda in Sessions Case No. 100 of 1998 / 147 of 1998.
19. These appeals are allowed.
20. Since the appellants are on bail they are discharged
from the liability of their bail bonds.
21. Before parting with this order, we must express our
appreciation of the assistance rendered by Mr. L.C.N. Shahdeo,
learned Amicus Curiae and we direct the Member Secretary, High
Court Legal Services Committee to extend the stipulated fees to the
learned Amicus Curiae within a period of two weeks from the date
of receipt/production of a copy of this order.
22. Office is directed to immediately and forthwith send
a copy of this order to the Member Secretary, High Court Legal
Services Committee.
(Rongon Mukhopadhyay, J.)
(Arun Kumar Rai, J.)
High Court of Jharkhand at Ranchi
Dated, the 14th day of January, 2025.
A. Sanga/-
