SAMU ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PRESENT The Honble Mr. Justice R.K. Merathia The Hon'ble Mr. Justice P.P. Bhatt. By Court. This appeal is directed against the Judgment of conviction and order of sentence dated 15.1.2003 and 17.1.2003 respectively, passed by learned Additional District & Sessions Judge, Fast Track Court no. II, Gumla, in Sessions Trial No. 88 of 2000, convicting the appellant under section 302 of the Indian Penal Code and sentencing him to undergo R.I. for life.

(2.) THE prosecution case, in short, is that the informant ( P.W -6) Jitbahan Oraon (son of the deceased -Jitu Oraon) lodged a Fardbeyan at about 10 A.M. on 31.1.2000 to the effect that at about 1 P.M. in the preceding day i.e. on 30.1.2000, his father Jitu Oraon along with his grandson -Bonka Oraon ( P.W -5) aged about 6 years (son of the informant) went for grazing cattle at about 1 P.M. When the informant returned from market at about 7 P.M., the villagers told him that some unknown person has killed his father -Jitu Oraon. He went to the place of occurrence and found his father dead with bleeding injuries. His wife and villagers assembled there. His son P.W. -5 told that when he along with his grandfather -Jitu Oraon were returning after grazing cattle, one young person wearing black full pant and wrapping green shawl came running and started assaulting the deceased by 'Tangi'. On this, P.W -5 due to fear, fled away. While running away, P.W -5 saw that the said unknown criminal was running towards 'Singrauli Basti'. P.W -5 came crying to the village and informed the wife of the informant -P.W -10. In the fardbeyan, it is further alleged that the deceased used to do "Jhar Phuk' and therefore due to enmity on this account, some unknown person has killed his father.

(3.) LEARNED counsel for the State supported the impugned judgment.