THE STATE OF JHARKHAND Vs. ALBER ORAON

JUDGEMENT

(1.) The criminal appeal and the death reference, referred to above, have been preferred against the judgment of conviction and sentence dated 05.10.2010 and 06.10.2010 passed by learned Sessions Judge, Lohardaga in Sessions Trial No.71 of 2009 arising out of Lohardaga P.S. Case No.195 of 2008 corresponding to G.R. Case No.596 of 2008 whereby the sole appellant Alber Oraon has been held guilty and awarded death sentence under Sec. 302 I.P.C. and rigorous imprisonment for 7 years and to pay a fine of Rs. 5000.00 under Sec. 201 I.P.C. In default of making the payment of fine further simple imprisonment for three months has been awarded.

(2.) The fardbeyan of Sunil Munda recorded on 14.12.2008 at 22.30 hours at village Kutmu, P.S.-Lohardaga unfold the following facts:

(3.) Pushpa Devi (sister of informant) along with her two children, Dipika Kumari aged 8 years and Sudarshan Munda aged 6 years (all deceased), was living at village Kutmu after the death of her husband Dilip Kumar Munda in order to provide education to her children. Initially she was living as a tenant in the house of Sukro Oraon (PW-4). Thereafter she purchased a piece of land within the same village and constructed a pukka house on the same plot. The contract for construction of said house was given to appellant Alber Oraon who developed intimacy with Pushpa in course of construction of the house. After completion of the house appellant Alber Oraon started living with Pushpa and her children pretending himself to be her husband. The informant and his aunt had been visiting the house of Pushpa. At one point of time the informant could learn from the neighbours of Pushpa that appellant Alber Oraon is being seen alone in the house and Pushpa and her children are not being seen. The informant with his aunt went to the house of Pushpa to know whereabouts but they did not receive cogent information from appellant and he gave evasive and conflicting replies. Sometime he said that she had gone to her parents house and some times he said that she had gone to meet her maternal grandmother. Under these circumstances suspicion cropped up in the mind of informant and the matter was reported to the police after which the dead bodies of Pushpa and her two children were exhumed from the soak pit situated near the toilet. The dead bodies were decomposed and it were dug out in presence of an Executive Magistrate. On further enquiry the neighbours have reported that Alber was not having cordial relation with Pushpa since last Karma festival and he wanted to get the land and house transferred in his name. The informant has reasons to believe that appellant with the help of his associates has killed Pushpa and her children.