BIRSA ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, being aggrieved by the judgment and order of conviction and sentence, dated 24th April, 1993 and 26th April, 1993, respectively, passed by the 6th Additional Commissioner, Ranchi, has preferred this appeal.

(2.) According to the prosecution case, , the appellant was a friend of the deceased, Pancham and at about 8 p.m. on 11.5.90, he came to the house of Pancham and called him. Both of them left the housed and after 10-15 minute of their departure, the further of the deceased (P.W.1) heard the sound of Pancham as 'Baehao-Bachao'. He alag with other family members, rushed towards the 'Akhara' and saw that the appellant was assaulting Pancharn by 'Tangi'. On Seeing the family members, the appellant fled away from the place of occurrence. Pancham died at the spot. It is the case, of the prosecution that the appellant and the deceased were Homeguards and enmity between was not known to the informer on' 12.5.90 at 11 hours, Ferdbeyan of the informant was recorded and thereafter a formal F.I.R. was drawn-up at 18 hours. After completion of the investigation, charge-sheet was submitted and the appellant was put on trial.

(3.) There are six prosecution witnesses, out of whom, P.W. 1, 2 and 3 are the eye witnesses. P.W. 1 is the informant and father of the deceased. P.W. 2 is the sister of P.W. 1, whereas P.W. 3 is the mother of the deceased, i.e. wife of P.W. 1 P.W. 4 is the Chowkidar of the village. P.W. 5 is the doctor, who held the postmortem examination and P.W. 6 is constable, who proved the F.I.R. The I.O. of the case, since dead, was not examined.