SOMRA URAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant who is in jail ever since his arrest on 15th January, 1987 for committing the murder of Udai Hembrom earlier in the day has filed this jail appeal for setting aBide the judgment and order dated 24th January, 1994 passed by the learned Additional Sessions Judge convicting him under Section 302 of the Indian Penal Code for the 6aid murder and sentencing him to undergo imprisonment for life.

(2.) THE prosecution case as unfolded in course of the trial and which found acceptance by the Court is that the informant Sekh Tuddu, PW 1, the appellants, Somra Uraon and the deceased Udai Hembrom belonged to Santhal community. The deceased practised occultism and was known as Jan Guru and he belonged to village Pagro. The appellant was the servant of the informant and lived with him in his house in village Bara Tetaria P. S. Borio in the district of Sahebganj. Prior to the occurrence the informant fell ill and the deceased offered to cure him. On 15th January, 1987, at about 6 a.m. the Jan Guru visited the house of the informant as a Puja was being performed in that connection. Two pigeons were sacrified on the occasion and its meat and boiled rice were served in a thali before the Jan Guru by Manjan Hembrom, PW 7 at about 8 -9 a.m. after the Puja. At that very time the appellant gave 3 to 4 blows by Kulhari (axe) on the head of the Jan Guru and killed him on the spot. The informant and others chased and apprehended the appellant who confessed his guilt. The appellant named one Pulchu Hembrom to have tempted him with money to kill the deceased.

(3.) THE appellant along with the blood stained Kulhari was produced tjirwabari Police Outpost 2.30 p.m. that very day by PW 1 on whose satement the fardbeyan Ext. 4 was recorded and on the basis of which the formal FIR Ext 3 was registered under Section 302 of the Indian Penal Coda against the appellant and Pulchu Hembrom. After investigation in course of which an inquest was held on the deceased, blood stained Kulhari and earth were seized and a doctor performed the Post -mortem examination, the police charge -sheeted both of them. Pulchu Hembrom having absconded after grant of bail, the appellant alone was put on trial and convicted and sentenced in the manner already indicated above after rejecting his plea that the informant had himself killed the deceased and falsely implicated him.