STATE OF BIHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The learned IVtb Additional Judicial Commissioner, Ranchi, by the judgment and order dated the 24th of June, 1995, passed in Sessional Trial No. 560 of 1992, convicted accused Soma Oraon, son of late Bandhan Oraon, under Sections 302 and 392, IPC and sentenced him to be hanged by the neck till deatb subject to confirmation by this court. The reference has been made for confirmation of the sentence.

(2.) The appellant, Soma Oraon, has also preferred Criminal Appeal No. 60 of 1995(R) impugning the aforesaid judgment and order of conviction and sentence. The death reference and the criminal appeal having arisen out of the same judgment and order of conviction and sentence, were heard together and are being disposed of by this common judgment.

(3.) The prosecution case, as disclosed in the Fardbeyan of Md. Siddique, son of late Mohammad Quasim, resident of village Khatanga, P. S. Kanke, district Ranchi, examined as PW 1, is that his father, Md. Quasim (the deceased) used to sell clothes by moving in the villages and that on 9-4-1992, the date of the occurrence, his father, as usual, went out from his house with the bale of cloths for Ratu around 6 a.m. for selling. Cloths with him were (i) one pair of striped green lungies, (ii) one piece of striped Katha mapkin, (iii) four pieces of red striped napkins, (iv) four pieces of green striped napkins, (v) two pieces of napkins of light red colour, (vi) four pieces of Katha white bed-sheets, (vii) two pieces of red-yellow striped bed-sheets and (viii) one pair of red-yellow striped bed-sheets. On that day Jainul Ansari of his village returned bed from his Sasural situated at Hurhuri at around 8 a.m. and told him that while returning from his Sasural, he found that informant's father was murdered by some one near Dumar Tola Karanj Thora hill, who fled away after looting the cloths. Being so informed, he, along with his cousin Md. Raffique and other people of his village, proceeded towards Dumar Tola Karanj Thora and on the way he met a woman, named Bachan Devi wife of Jaitu Gope of Dumar Tola Karanj Thora, who was collecting leaves and on being asked, she told him that Soma Oraon of Khatange had injured an old person carrying a bale of cloths, by bitting the back side of his head with stone and fled away with the cloths. Thereafter, the informant, along with his cousin and other people, reached Dumar Tola Koranj Thora and found his father dead and also found serious injury on the back side of his head and profuse bleeding from the injury. While he was going to send Jhari Lohar, Choukidar of Khatanga to inform the Police, the Police Officer came and he made his statement in presence of the cousin Md. Raffique.