JAGARNATH ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals have been preferred against the order of conviction and sentence, dated 15-5- 1995 passed by Additional Judicial Commissioner, Khunti in S. T. No. 577 of 1989 and as such they have been heard together and are being disposed of by this single judgment.

(2.) In Criminal Appeal No. 52 of 1955 (R) Jagarnath Oraon is the appellant and in Criminal Appeal No. 68 of 1995(R), the appellants are (1) Hinu Oraon, (2) Pitu Oraon and (3) Birsa Bhagat @ Panchkauri Bhagat alias Oraon. By the aforesaid judgment dated 15-5-1995 passed in S.T. No. 577 of 1989, appellants Pitu Oraon, Hinu Oraon and Jagarnath Oraon were convicted under Sections 302/34 and 201 of Indian Penal Code and were sentenced to undergo rigorous imprisonment for life and a fine of Rs. 1000 (rupees one thousand) each and in default, to undergo rigorous imprisonment for six months under Section 302/34 of the Indian Penal Code and to undergo rigorous imprisonment for four months under Section 201 of Indian Penal Code. The appellant Birsa Oraon @ Panchkauri was found guilty under Section 302/120-B of Indian Penal Code and was sentenced to undergo rigorous imprisonment for life thereunder. Feeling aggrieved, they have preferred thesu appeals, as aforesaid.

(3.) The prosecution case as mentioned in the first information report (Ext. 2) lodged by the PW 3 Nandia Oraon is that on 1-8-1988 at about 6.00 p.m. when the informant, her husband Gandur Oraon, and daughters Sukro (PW 1), Karmi (PW 2) and Charia were in their house, the appellants Pitu with a dagger in his hand, Hinu with a knife in his hand, and Jagarnath, bare handed, and Jatru (not tried in this case) with a lathi, came there and they caught her husband Gandura Oraon and dragged him assaulting and when the informant and her daughters protested, they were also threatened to be killed. Further case of the prosecution is that all the four persons took Gandura Oraon to the house of Fagua Oraon and when there was darkness, the informant with her daughter went to the house of Fagua Oraon and inquired about her husband, but nobody told them anything and in the cow-shed of Fagua Oraon, they found some blood, but her husband was not there. The informant suspected that her husband had been done to death and the accused persons had removed the dead body for disposal. The motive behind this occurrence was stated to be that the appellant Birsa Bhagat @ Panchkauri Oraon used to tell the villagers for the last 2/3 days that Gandura was a witch and that he should be killed, otherwise there will be no peace in the village and that one day prior to the alleged dccurrence also, appellant Panchkauri Bhagat and Sukra Oraon had instigated the villagers to kill her husband and on that instigation, these four persons abduc-ed husband of the informant.