CHAKRU ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 1.9.1993 passed by Sri Lakhan Kumar Sahay, Addl. Judicial Commissioner, Lohardaga, in S.T. No. 413/89/10/90, whereby and whereunder he convicted and sentenced the accused-appellant alongwith one another under Section 302/34 of the Indian Penal Code and to under go R.I. for life.

(2.) At the outset it may be mentioned here that there were two accused in this Sessions Trial, namely, this present accused-appellant Chakru Oraon and one Bhudhuwa Oraon only Chakru Oraon has come up before this Court in this Cr. Appeal and thus, he is the only accused-appellant. Nether the defence counsel nor the Addl. P.P. could day whether Bhudhuwa Oraon preferred any appeal or not.

(3.) The prosecution case, in brief, is that on 27.4.1989 at about 5.45 p.m. when the informant Harinath Oraon (P.W. 8) returned from Pakhar Mines after his duties hour, he searched his wife Hiramani, but did not find her. As he was to take his cycle inside his house by opening the door, he found his wife lying on the Dhaba and her body was covered with a blanket. As he removed the blanket he saw Hiramani deed with bleeding injuries on her head and neck and also found the boady in pool of blood. The informant, thereafter, asked his son Bimal Oraon, who was aged about nine years, and Basau Oraon, who was aged about six years, about the occurrnce. From them the informant learnt that accused Bhudhuwa. Oraon armed with an axe and accused-appellant Chakru Oraon armed with Kathi (a piece of wood) had come and assaulted their mother, as a result she died. They also informed that sheolal Bhagar also saw the occurrence. the informant further stated that the accused-appellant and that Bhudhuwa Oraon used to call the deceased as witch and they had threatened to assault. On 27.4.1989, A.S.I. Shyam Nandan Sharma, who was posted at Kisko P.S. heard a rumour that a murder having taken place in Bagree area, So he made station diary Entry regarding the information and went to the village Bagree Baudi Toli and recorded the fardbeyan (Ext. 7/1) of the informant Harinath Oraon, which was read over and explained to him and finding it true, Harinath Oraon signed on the same (Ext.7) the signature of the informant Bhaiya Ram, who was also present there, had also aigned on the fardbeyan as a witness (Ext. 7/2). Thereafter, the said A.S.I, forwarded the fardbeyan to Kisko P.S. for instituting an F.I.R. with his endorsement and signature on the fard beyan to (Ext. 7/3) S.I. Rajdeo Singh O/C Kisko P.S. drawn up a formal F.I.R. (Ext. 8) under Sections 302 of the Indian Penal Code against the accused-appellant and one Bhudhuwa Oraon. The police also prepared an inquest of the dead body and got the autopsy of the dead body of the deceased and after completing the investigation, submitted the charge sheet, so the case was ultimately hand and disposed of in the manner aforementioned.