KHADI ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed by the sole appellant named above against the impugned judgment dated 31.5.1991 passed by Smt. Shakuntala Sinha, 7th AJC Ranchi in Sessions Case No. 497 of 1990 whereby and whereunder the appellant was found guilty for the offence punishable under Section 302 of the Indian Penal Code and he was convicted and sentenced to underdo R.I. for life and also to pay a fine of Rs. 500/- and in the default thereof R.I. for two months.

(2.) The prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of PW 3, Budhram Uraon, the son of Gopi Uraon the deceased of this case recorded by S.I., I.S. Prasad of Chanho P.S. at State Dispensary, Chanho on 29.5.1990 at 00.40 hours regarding the occurrence which is said to have taken place at the house of the informant in village Hurhuri, P.S. Chanho, District Ranchi on 28.5.1990 at 7.00 p.m. PWs 1 and 2 are the witness of the fardbeyan (Ext. 3) and their signatures thereon are Ext. 1/2 and 1/3 respectively. The said FIR was drawn on 29.6.1990 at 1.30 hours which was received in the Court of the Magistrate empowered to take cognizance on 29.5.1990.

(3.) The prosecution case, in brief, is that the appellant Khadi Uraon and Gopi Uraon, the deceased of this case are full brothers and the appellant was residing in the old ancestral house where the deceased had gone with his cow and bullock to tie there in the old house which was protested to by the appellant and it led to an altercation between the deceased and the appellant. It is alleged that, thereafter, the appellant brought a tangi (axe) from his house all of a sudden and gave a blow on the head of the deceased causing bleeding injury and the deceased fell down and became unconscious. It is further alleged that, thereafter, the appellant also ran with the tangi (axe) to assault the informant who fled away from there to his house and informed in respect thereof to the inmates of his house. It is also alleged that the informant in the company of the villagers again came to the place of occurrence and brought his unconscious father on a cot to the Chanho hospital and in course of treatment his father Gopi Uraon died in the hospital.