MALAR ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have filed this appeal against the judgment and order dated 22 -12 -1988 passed by Sri Chiranji Singh, IVth Additional Judicial Commissioner, Ranch!, in S.T. No. 211 of 1981 whereby he convicted all the three accused -appellants under Sections 302/34 of the Indian Penal Code and sentenced each of hem to undergo R.I. for life.

(2.) Initially, the F.I.R. was instituted against five persons. However, during the trial, Niklo Oraon and Magho Oraon died, hence the case against them abated and only the present three appellants faced the entire trial.

(3.) Prosecution case, in brief, is that: in the year 1980, Jharia Bhagat (since deceased) had grown chillies (Mircha) plants in his field in village Bajara, In the morning of 28 -9 -1980. Jharia Bhagat along with his son Etwa Oraon and daughter Somari had gone to pluck chilli in his aforesaid field. While Jharia Bhagat was plucking chilli from his field, accused Malar Oraon, Parto Oraon and Chumanu Oraon, along with two others, namely, Magho Oraon and Niklo Oraon (who died during the pendency of the trial) came there armed with lathis. All the aforesaid hereon assaulted Jharia Bhagat with lathi. Seeing her father being assaulted by the accused -persons, Somari, daughter of Jharia Bhagat rushed from the field to her uncle Chumanu Bhagat, who was engaged in thrashing paddy grain in his Khalihan; Somari narrated the occurrence to Chumanu Bhagat that the aforesaid accused -persons were assaulting his father in his field. Chumanu and Somari thereafter went to the chilli field of Jharia Bhagat. All the aforesaid accused -persons were still present in the field of Jharia Bhagat and were assaulting him with lathi but seeing Chumanu Bhagat, they ran away from the place. When Chumanu Bhagat reached near jharia Bhagat, he saw his brother having fallen down, sustaining several injuries. Jharia Bhagat was still alive, who disclosed the names of the accused -persons being his assailants, namely, Malar Oraon, Parto Oraon, Chumanu Oraon, Magho Oraon and Niklo Oraon. Jharia Oraon died thereafter. Chumanu Bhagat then went to the police station at Mandar along with co -villager Chandar, where he gave information of the occurrence relating to the death of his brother Jharia Bhagat. The police recorded the statement of Chumanu Bhagat, which was read over and explained to him whereupon he gave his L.T.I. on the same. The F.I.R. was drawn up on the basis of the aforesaid statement and the police took up the investigation and came to the place of occurrence on 29 -9 -1980 at 8.30 a.m. The Police Officer inspected the deadbody of Jharia Bhagat in presence of the witnesses and prepared the inquest report. The Police Officer also searched the house of accused Magho Oraon and recovered a lathi from there having blood stains. He prepared the seizure list in this regard in presence of the witnesses. The Police Officer also sent the deadbody of Jharia Bhagat to R.M.C.H., Ranchi, for post -mortem examination. The police after completing investigation submitted charge -sheet in this case under Section 302 of the Indian Penal Code against the three appellants and two others namely, Niklo Oraon and Magho Oraon (who are dead now). The cognizance was accordingly taken in the case and later on the same was committed to the Court of Session by the learned Judicial Magistrate for its disposal. The learned Judicial Commission u, Ranchi, transferred this case to the Court of Sri S.K. Dwedi, Addl. Judicial Commissioner, for its disposal on 1 -9 -1981 but subsequently on transfer of Sri S.K. Dwedi the case was transferred to the Court of Sri D.P. Sinha, Addl. Judicial Commissioner, Ranchi, on 15 -10 -1982. Subsequently, this case was transferred to the Court of Sri Chiranji Singh, IVth Addl. Judicial Commissioner, Ranchi, who in his impugned judgment and order found the three accused -appellants guilty and convicted them under Sections 302/34 of the Indian Penal Code and sentenced each of them to undergo R.I. for life as already indicated above.