BUDHUA ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants, named above, have preferred this appeal against the judgment and order of conviction and sentence, passed by the learned 6th Additional Judicial Commissioner, Ranchi, in Sessions Trial No. 200 of 1993, dated 17.12.1993 and 21.12.1993, respectively, convicting all the appellants under Section 302 read with 34 of the Indian Penal Code and sentencing them to undergo imprisonment for life.

(2.) THE informant Md. Badrudoja (PW 5) in his fardbeyan (Ext. 3) has alleged that on 24.11.1992 he along with Tahir Ansari(PW 6), Anwar Hussain (PW 1) and Jiyaul Huda (PW 3), all of village -Jari, had gone to village Murchu in search of labourers at about 6 p.m. as they had to get their paddy crops harvested on 25.11.1992. Having not found any labourer, they were returning home at village -Jari and at about 7 p.m. while they were crossing the road in front of the field of Budhram Oraon, they heard the sound of crying of a person. All the three persons flashed torch light and went toward them. They saw three persons dragging one man, who were Budhua Oraon, Hari Das Oraon, both of village -Banapiri and Budhram Oraon of village -Murchu, armed with weapons. They threatened the informant and other two persons to flee away otherwise they would not be spared. When they saw the weapons in the hands of the three persons, then they went to their village and informed the neighbours. In the village, they came to know that Hadish had also gone in search of labourer and also to realise the balance amount towards sale of pumping set. The villagers went near the field of Budhua Oraon on the road. They saw blood stain in huge quantity on the Moram road. They also saw trail mark of dragging. They followed the trail mark, which led to a nearby well. They flashed the torch inside the well and saw the dead body of Md. Hadish Ansari. His head was injured with sharp cutting weapon. They believed that all the three appellants with common intention having killed the uncle of the informant Md. Hadish Ansari, carried his dead body dragging and threw it in the well.

(3.) I have already mentioned above that the informant (PW 5) was returning along with Anwar Hussain (PW 1), Jiyayul Huda (PW 3) and Tahir Ansari (PW 6), who is also alleged to be the eye witness of the occurrence. The said PW 6 (Tahir Ansari) has been tendered by the prosecution. Now only three witnesses are before me, who are the informant (PW 5), Anwar Hussain (PW 1) and Jiyayul Huda (PW 3), whose evidence is to be scrutinised as to whether the judgment and order of conviction and sentence of the learned Court below can be sustained.