DHANI ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a jail appeal filed by the above-mentioned convict-appellant, Dhani Oraon against the judgment of conviction and sentence passed by the then 2nd Addl. Sessions Judge, Gumla in S.T. No. 80/88 convicting the accused-appellant along with another Jokhna Oraon who happens to be father of present appellant, Dhani Oraon under Sections 302/34, IPC and sentensing each of them rigorous imprisonment for life.

(2.) The prosecution story in brief is that on 6.1.1988 at about 8 p.m. Suklu Oraon was being assaulted by the accused- appellant and his father Jokhna Oraon in the Sahan of Jokhna Oraon. When he raised alarm then his wife Karmi Orain came out of the house and in her presence her husband was being further assaulted by both the accused- persons. It was specifically stated that Dhani Oraon, the accused-appellant was assaulting by means of a Sabal while his father Jokhna Oraon being armed with lathi assaulting husband of the informant, Karmi Orain. On raising of the alarm of the informant, Karmi Orain, villagers including Etwa Oraon, and Arun Kumar Sahu came to the place of occurrence. The injured was then brought home by the informant Karmi Orain with the help of villagers and he was given first aid in the house itself. He became unconscious on receipt of the various injuries on his person and he died on the next day in the evening hours on 9.1.1988. The wife of the deceased, Karmi Orain went to the Ghagra PS. on the next day i.e., 9.1.1988 and lodged information giving a vivid description about the whole of the occurrence. It was specifically stated in the FIR that the accused-appellant, Dhani Oraon and his father Jokhna Of aon being armed with Sabal and danda respectively have assaulted her husband severely as a result of which he died. On registering a case under Section 302, IPC held investigation, visited the place of occurrence, held inquest over the dead body of Suklu Oraon and then sent it for post-mortem examination. Witnesses were also examined by the Investigating Officer. The accused-persons were arrested and in presence of accused Jokhna Oraon the incriminating weapon, i.e., Sabal was seized from their house. After completion of investigation charge-sheet was submitted under Section 302, IPC. On being committed to the Sessions charges were framed against both the accused-persons vide order dated 5.4.1989 under Sections 302/34, IPC. When the same was read over and explained to the accused-persons they pleaded not guilty.

(3.) The motive behind the occurrence as is found from the records was that for domestic affairs, there was enmity between the deceased and the accused-persons and on previous occasion also there were quarrel and marpit between two groups.