BANDHU ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the abovenamed appellants were convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. They Were further convicted under Section 307/34, IPC and sentenced to undergo rigorous imprisonment for three years. The sentences were directed to run concurrently.

(2.) The case of the prosecution, as unfolded infardbeyan, is that on 25.5.1990 at about 9 p.m., the informant was at her house alongwith her husband, Sani Oraon (deceased), when suddenly accused-appellant, Suka Oraon, came there and asked for tobacco from her husband, Sani Oraon. Thereafter Suka Oraon announced that he will build a house on the land of maternal uncle. Then the informant told the accused that house will be built by the person who had purchased the land, whereupon Suka Oraon fisted and kicked the informant. When the informant's husband intervened, Suka Oraon called out his brother, who came there. Budu Oraon came there wielding "sabal" in his hand and Bandhu Oraon accompanied his brother, Budu Oraon, armed with lathi. Budu Oraon hurled three "sabal" blows on the head of the informant's husband which made the victim fall on the ground. When the informant had come to rescue her husband, She was assaulted by Budu Oraon with sabal. The informant sustained injury Upon her head and bled. The informant raised alarm. Nobody turned up. The informant's father-in-law was sleeping in the other room who woke up hearing the alarm and saw the occurrence. Thereafter the informant and her husband were carried to the hospital by her father-in-law and dewar Budhram (PW 3) on a rickshaw. No sooner they came to the hospital, Sani Oraon died. The informant was treated in the hospital and she gave her fardbeyan from Bed No. 25 of the Female Ward of Lohardagga Sadar Hospital. The informant had further stated in the foot-note of the fardbeyan that the three abovename accused-appellants committed the aforesaid assault on account of the land dispute. On the basis of the fardbeyan (Ext. 2/1) a formal first information report was drawn up and after investigation accused-appellants were chargesheeted. Thereafter on commitment they faced trial and were convicted and sentenced, as stated above.

(3.) The accused-appellants had denied the charges and they took no specific defence either through suggestions to the PWs or in their statements under Section 313 of the Code of Criminal Procedure, except that they were falsely implicated.