YAKUB ORAON AND ANOTHER Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals were heard analogously as they arise out of the same judgment and they are being disposed of by this common judgment for the sake of convenience.

(2.) These two appeals are directed against the judgment of 1st Additional Judicial Commissioner, Ranchi, in Sessions Trial No. 283 of 1982 dated 2-9-1986 by which the appellants were convicted and sentenced to imprisonment for life for the offence under Sec. 302/34 and six months rigorous imprisonment for the offence under Sec. 201 of the Indian Penal Code.

(3.) On 27-2-1982 the informant, Sukhnand Behra, had gone to Dumki Hat with his paddy and purchased some cloths there from one shop, in the Hat he heard from Yakub Oraon (appellant No. 1 in Cr. A. No. 214 of 1986 (R) that he would kill Rugdeo Patro that day. He asked him not to do so. Thereafter, he (the informant) started for his village along with some other persons. As they reached near Nagri Taur they saw the appellants assaulting Rugdeo Patro with their fists, slaps and feet. They were threatened by the appellants if protested. The witnesses lied away out of fear. The informant went to his village and informed Chermail Patrin, the mother of Rugdeo Patro about it. The mother along with her two daughters (P.Ws. 2 and 3) went towards the place of occurrence but did not find Rugedo Patro there. The next day he was informed by the mother Chermail Patrin that the dead body of Rugdeo Patro was lying in the water of the river Sankh. The two sisters and the mother (P.Ws. 3, 8 and 2 respectively) and the chaukidar (P.W.4) went there and recovered the dead body. P.W. 6 Sukhanand Behra, went to the Police Station and lodged information with the Police. The Investigating Officer visited the place of occurrence, seized the dead body, held inquest over the dead body and sent the same to Simdega hospital for postmortem examination. After examining the witnesses he submitted charge sheet against the appellants. In the trial court charges under Sections 302/34 and 201 of the Indian Penal Code were framed against the appellants to which they pleaded not guilty and claimed to be tried.