ARJUN ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been directed by the sale appellant named above against the impugned judgment dated 24.1.1994 passed in S.T. No. 56 of 1990 (G.R. 720 of 1989) by Shri G.

(2.) THE prosecution case has arisen on the basis of the F.I.R. (Ext. 6) of P.W.3, Bandhani Orain, the widow of Thupa Oraon, the deceased of this case and the elder brother of the appellant aforesaid recorded by P.W.12, Bhaiyalal Singh, O.C. of Basia P.S. on 31.10.89 at 11.30 hours at P.S. Basia regarding the occurrence which is said to have taken place on 30.10.89 at 8.30 P.M. inside the house of the informant in village Poktanawa Tali, P.S. Basia, District Gumla and the said F.I.R. was recorded in presence of the chowkidar of the said village and the appellant was produced by the informant and the village chowkidar at the P.S. aforesaid by them. The said F.I.R. was received in the court of C.J.M. on 1.11.89.

(3.) THE appellant has pleaded not guilty to the charge levelled against him and he claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case due to enmity and the deceased has died due to fall under intoxication.