MANGRA URAON MANGRU Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by the sole appellant (Mangra Uraon alias Mangru) is directed against the judgment and order, dated 7-12-1985 in ST No. 382 of 1984 passed by Shri Shrtdeo Mishra, the then Judicial Commissioner, Ranchi, whereby he has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life thereunder.

(2.) The prosecution case, in brief, as made out in the First Information Report, is as under: In the night on 25th August, 1984, which was a Saturday, Sukra Uraon, the informant, (PW2), Gobardhan Uraon, (PW3), Johan Kujur, Mangru Uraon, (the appellant) and Sani Uraon, (the deceased) assembled at the house of Gobardhan Uraon, (PW3) and the appellant had brought wine. They were enjoying the drinks. In course of drink, the appellant, (Mangru Uraon) started singing a song in Uraon language. His father, Sani Uraon, protested and commanded him not to sing such a song. This led to altercation between them. The appellant, thereafter, challenged his father to sing a song, if he had a wit. Thereafter, Sani Uraon, (the deceased) sang an Uraon song. Then, there was another round of altercation between the two. Around 11.00 p.m. Sani Uraon, the deceased, asked his son/appellant Mangru Uraon to return home, as the drink and dinner was over, whereafter they together left for home. The informant Birsa Uraon, (PW2), Gobardhan Uraon, (PW5) and Johan Kujur stayed there and took tobacco. When they were about to disperse, about half an hour after, the appellant had departed, the appellant again came to the house of Gobardhan Uraon holding a blood-stained knife in his hand and there were blood-stains on his clothes and he confessed before them that he had killed his father with knife in the tanr to the west of the house of Gobardhan Uraon. He requested not to disclose it to anyone and thereafter, he went away. The informant and the witnesses became nervous on the disclosure made by the appellant. They went to village Jogi, met Sahdeo Bhagat, the mukhiya and narrated the incident to him. Thereafter, they returned to their village Lavagain within the Police Station Kuru, district Lohardaga, accompanied by Sahdeo Bhagat, and went to the tanr which is west to the house of Gobardhan Uraon, and found the dead body of Sani Uraon, with knife wounds. On the next day at 6 a.m., the informant went to Lohardaga police station in the company of Birsa Uraon, (PW2), Gobardhan Uraon, (PW3), Johan Kujur; Sahdeo Bhagat and lodged the First Information Report, (Exhibit 2) about the incident. The explanation for the delay in lodging the First Information Report is that due to late night and rains, the First Information Report could not be lodged earlier. The distance between the P0 village (Lavagain) and Kuru police station is about 8 kms.

(3.) On the basis of the First Information Report, (Exhibit 2), the present case came to be instituted. The Police Officer, (PW6) commenced investigation, visited the spot on 27-8-1984, held inquest over the dead body of Sani Uraon, and sent it for postmortem examination. After completion of investigation, chargesheet was laid in Court against the appellant.