PUNA ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants Puna Oraon and Balku Oraon have been convicted for the offence under Sections 302/34 of the Indian Penal Code, 1860 and sentenced to undergo imprisonment for life by judgment dated 9th August, 1991 in Sessions Trial No. 215 of 1981.

(2.) The case of the prosecution, in brief, is that on 31.10.1980, the deceased Sarwa Oraon had gone in the morning to his paddy field for harvesting. At about 10 O'clock, Gunga Oraon (PW-3) informed the informant Ratia Oraon (PW-5) that the appellants after committing murder of Sarwa Oraon had thrown his dead-body in the paddy field. On the basis of the above information, the informant Ratia Oraon (PW-5) submitted a written report before the Officer-in-Charge, Palkot Police Station. The police on the basis of the above report went to the place of occurrence and prepared the inquest report of the dead-body and ultimately sent the same for post-mortem examination. He also recorded the statement of the witnesses and having found a. prima facie case submitted charge-sheet under Sections 302/34 of the Indian Penal Code, 1860. The Additional Chief Judicial Magistrate, Gulma, thereupon took cognizance of the offence and committed the case to the Court of sessions calling upon the appellants to face trial.

(3.) The defence of the accused, as would appear from their statement under Section 313 of the Code of Criminal Procedure as well as the trend of cross-examination to the prosecution witnesses was complete denial of the allegations.