JAGARNATH ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction dated 11.09.2002 and order of sentence dated 12.09.2002 passed by Additional Sessions Judge, F.T.C. I, Gumla in Sessions Trial No. 184 of 1998 convicting the appellant under Section 302 of I.P.C. and sentencing him to undergo R.I. for life.The prosecution story in short is that on 9.4.1998 Laldeo Oraon (P.W. 1), son of the Atwa Oraon (deceased) lodged a fard beyan at about 12:45 P.M. before the police that at about 10:00 A.M., his father Atwa Oraon was coming home after taking bath. Meanwhile he heard Halla of children from the house of the appellant - Jagarnath Oraon who was the adjacent neighbour. Atwa Oraon started shouting that the appellant is assaulting his children and went there to see. On Halla other villagers Koma Oraon (P.W. 3), Shankar Oraon (P.W. 2), Shankar Mahto (P.W. 4), Kishore Oraon (P.W. 8), and Somni devi (P.W. 7) went there and saw the appellant. The appellant was assaulting Atwa Oraon with Tangi (Axe) repeatedly due to which Atwa fell down in front of the door. The appellant killed him by Tangi (Axe). When the informant party entered into the house of the appellant, they found that Bablu Oraon aged about 5 years and Dablu Oraon aged about 3 years, both sons of Jagarnath Oraon were killed by Tangi (Axe). When the informant party tried to apprehend the appellant, he started chasing them with Tangi. Out of fear, they fled away. Jagarnath Oraon locked himself in the house from inside. It was further stated that the reason behind the occurrence is that the appellant had two wives. He fled with first wife. Thereafter the second wife Bihani Oraon died. Both the sons were born to him with second wife and after her death. Atwa Oraon (deceased) was looking after both the boys. When the appellant returned home, the deceased told him that because the appellant left his wife and children, the wife died and he was responsible for her death. Due to this, the appellant was angry with the deceased. For this reason the appellant killed the deceased and his own two children.

(2.) Mr. Pramod Kumar Sinha, Learned Counsel appearing for the appellant assailed the impugned judgment on various grounds. He submitted that there is no eye-witness of killing two children of the appellant. P.W. 1 and 7 who are said to be the eye-witness are not actually eye-witness. The appellant examined himself on his plea of alibi. He also submitted that the Investigating Officer has not been examined and the blood stained soil and the Axe have not been sent for chemical examination. He lastly submitted that the appellant has remained in jail for about 14 years by now.

(3.) On the other hand, Mrs. Nikki Sinha, Learned Counsel for the State supported the impugned judgment.