KRISHNA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal has arisen out of the judgment of conviction and order of sentence passed by the learned Additional Judicial Commissioner, Lohardaga in connection with S.T. No. 21 of 1998 whereby and whereunder the learned Additional Judicial Commissioner convicted the appellants under Section 302/34, IPC and sentenced them to undergo RI for life.

(2.) THE prosecution case lies in a narrow compass : That one Shanti Devi wife of Jaipal Oraon gave fardbeyan before the police alleging therein that on 30.9.1997 at about 8 p.m. the accused Krishna Oraon alias Gabriel and his father Sukra Oraon came to her house and inquired about her grand mother -in -law, namely, Thakurain Orain. Her mother -in -law, Budhmania Devi told them that she is sleeping in the house. Thereafter both the appellants took her grand mother -in -law (Thakurain Orain) to their house, which is situated behind the house of the informant. Further case of the prosecution is that after some time the informant heard sound of groaning of her grand mother -in -law. She came out of her house and saw that Sukra Oraon and Krishna Oraon were bringing her grand mother -in -law dragging her. The informant inquired from her grand mother -in -law who narrated the incident and stated that both the appellants assaulted her and broken her hands. She also saw blood oozing out from her hand. After that her husband, Jaipal Oraon also came to the house and thereafter the deceased was taken to the house. Alter some time, her grand mother -in -law (Thakurain Orain) died.

(3.) THE doctor, PW 9, who conducted autopsy on the dead body of the deceased, found the following ante mortem injuries on the person of the deceased, which are as follows :