Sections 341, 302 read with 34 of IPC (Para 1)
The above judgment and order of the conviction and sentencing the accused persons has been affirmed by the High Court vide judgment and order dated 21.07.2010. (Para 1)
The aforesaid FIR was lodged at 08:45 a.m. on 27.09.1993 alleging that the incident in which the mother of the informant/complainant was put to death had occurred early in the morning at around 06:00 am. (Para 4)
It may be pertinent to mention here that all the aforesaid witnesses successfully stood the test of cross-examination and nothing could be extracted from them in crossexamination that could discredit their testimony. The credibility of the above witnesses is not in doubt and in fact they are wholly reliable witnesses in the facts and circumstances of the case. (Para 11)
In addition to the above witnesses, there is one chance witness Raghu Mahato (PW-6). He rushed to the place of occurrence upon hearing the shouting of “Mario Mario”, he found all the accused persons proceeding towards their house on the south with the weapons in their hands. He saw the deceased lying dead in front of the house of Buka Mahato. His evidence could not be demolished in cross-examination. He had signed the Inquest Report (Ext.2) as a witness. (Para 12)
He had opined that injury Nos.1 and 2 might have been caused by sharp cutting weapon like tangi, tabala etc. and that injury No.3 might have been caused by hard and blunt substance like lathi. The cause of death was stated to be shock and hemorrhage as a result of the aforesaid injuries which was ante-mortem and homicidal in nature. The tangi which was the only weapon recovered was shown to him in open court and he opined that injury Nos.1 and 2 could have been caused by that type of weapon. (Para 14)
In view of the above evidence and some other evidence which is not very material and worth referring, it is evident that all the witnesses have proved that all the five accused persons have surrounded (gheraoed) the deceased and her daughterin- law Bijoli Mahato in the early hours of the day while they were returning to their home after performing their day’s routine at the pond and had assaulted the deceased with tangi, tabala and lathi on her head due to which she fell down and died instantaneously. The injuries she received were enough to cause death. (Para 15)
The submission on behalf of the appellants is that they never had any common intention to kill the deceased and that they simply wanted to teach a lesson to the deceased so that she may not indulge in her practices of witchcraft in future. (Para 16)
The very fact that they had assembled in the morning and surrounded (gheraoed) the deceased with deadly weapons is sufficient indication to infer that they had surrounded (gheraoed) in a pre-planned manner with a pre-determined mind. (Para 17)
We are of the opinion that the trial court had not committed any error in convicting and sentencing the accused persons with imprisonment of life. The conviction and sentence have rightly been affirmed by the High Court. (Para 19)
SUPREME COURT OF INDIA
2023 STPL(Web) 262 SC
[2023 INSC 821]
Bhaktu Gorain & Anr. Vs. State Of West Bengal
Criminal Appeal No. 20 of 2014-Decided on 12-9-2023
https://stpllaw.in/wp-content/uploads/2023/09/2023-STPLWeb-262-SC.pdf
