PRAHTAD ORAON AND ANOTHER Vs. STATE OF BIHAR

JUDGEMENT

(1.) In Session Trial No. 314 of 1980 in the file of Sessions Judge, Gumla, five persons were put on trial having been charged under Section 302/34 of the Indian Penal Code for the murder of one Etwa Oraon. The occurrence having taken place in village Bargaon, P. S. Sisai on 7th March, 1978 at 6.30 hours. The trial court found the present two appellants guilty for the offence charged as against them and the remaining three accused persons who were acquitted for lack of evidence. The appellants have been sentenced for imprisonment of life and they have been appealed against the conviction and sentence.

(2.) The learned Sessions Judge, Gumla, has stated the prosecution case in para-2 of the Judgment with sufficient clarity. It is not necessary to narrate in detail the facts which led to the prosecution and conviction of the appellants. The story is that on the date of occurrence i. e. 7th March, 1978, the deceased Etwa Oraon had gone to Sisai for some work which is not clear from evidence. It is evident that a Bank pass book was found lying near the deadbody of the deceased. The other version is that he had gone there on account of Shiv Ratri Puja. He was seen returning from Sisai in the evening time. Although he had a bicycle he was seen by his wife coming on foot pushing the bicycle. He was attacked and killod near his house ; case of which has come in the evidence of the sole witness, namely, widow of the deceased and in the F. I. R, which was lodged on the same day at 21.30 hours by Chamo Oraon Who is sister's son of Bisni Orain, widow of the deceased.

(3.) Chamo Oraon had lodged an F. I. R. at Sisai P. S. and the fardbeyan based on the version given by the widow, of the deceased, Chamo Oraon and other villagers about the occurrence, Five persons were named in the F. I. R. who had seen the occurrence. The appellant Prahlad Oraon is the own brother of the deceased while appellant Bilgu Oraon is nephew of appellant No. 1 as well as the deceased. The prosecution case is that the deceased and his other brother were in extreme hostile term because of certain lands disputes. Howeuer, there is no clear evidence on this point. Out of the three acquitted accused two were own brothers of the deceased while third was nephew of the deceased.