GENDA ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 25.1.1993 pansed by 7th Additional Judicial Commissioner, Ranchi in S.T. No. 185/90, whereby and whereunder the appellant was found guilty of the charges for the offence under Section 302/324. IPC and sentenced to undergo rigorous imprisonment for life.

(2.) THE prosecution case in short is that on 30.10.1987 at 3 p.m. the informant alongwith his mother reached near the house of Mangra of his village after harvesting Mania, the appellant Genda Oraon arrived there armed with tangi and hurled the same on the mother of the informant saying that he would kill her on the day. The blow of tangi caused injury on the back side of the head of the informants mother. Sustaining injury informants mother fell down. The accused again gave another blow of tangi, which caused injury on her nose. The informants mother succumbed to her injury. Further case of the prosecution, which is evident from the FIR, is that prior to assaulting and killing the Informants mother, the accused had assaulted Chito Kumari, Jharia Kumari and Rania Kumari, all of the same village. The cause behind killing the informants mother was exchange of hot words in between the accused and the family members of the informant, some days prior to the occurrence. On the basis of FIR a criminal case was instituted and the post -mortem of dead body was conducted. All the three injured girls were also examined by the doctor. On the basis of charge -sheet submitted by the prosecution, cognizance was taken and the case was committed to the Court of Sessions. The accused has not pleaded guilty of charges levelled against him. The prosecution examined altogether 9 witnesses. PW 1 is the father of one of the injured girl, who is the eye -witness of the occurrence. PW 4 is the informant of the case. PW 5. Jharia is one of the victim of the occurrence. PW 6 Rania is also one of the victim of the occurrence. PW 7 is the inquest witness, who has proved the inquest report and seizure list of blood stained earth. PW 8 is the doctor, who had examined all the injured three girls and also conducted autopsy on the dead body of the Informants mother. PW 9, who is another witness, who has proved the FIR.

(3.) IT appears that the accused, in his statement under Section 313, Cr PC. said that at the time of occurrence he was insane, so he does not know as to what was done by him. On the basis of this statement, learned counsel appearing on behalf of the accused, argued that non -examination of I.O. is very much fatal to the prosecution case. Learned counsel submitted that it has come in evidence that the accused was called as mad in the village and, therefore, the I.O. was the most important witness because he could have said as to whether the accused was insane at the time when he was arrested by him. It was further argued on behalf of the accused that at the time of the commission of offence he was insane.