MANGRA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment and order of conviction and sentence dated 26.6.2002 and 27.6.2002 respectively passed by the learned 1st Additional Sessions Judge, Gumla. in Sessions Trial No. 168 of 2000 whereby the appellant has been held guilty for offence under Section 302/201 of the Indian Penal Code and accordingly he has been convicted under Section 302. IPC and sentenced to undergo rigorous imprisonment for life. Further, the appellant has also been convicted under Section 201 of the Indian Penal Code and accordingly sentenced to undergo rigorous imprisonment for seven years. However, both the sentences have been ordered to run concurrently.

(2.) IT is the case of the prosecution that on 18.4.2000 at about 10 a.m. the informant Chunnu Oraon (who has not been examined) gave fardbeyan to the police that on 14.4.2000 when the informant returned to his house from his field. he did not find his wife Nando Devi (deceased) in the house. When he asked his daughter -in -law, Pusho Devi (PW 2). she conveyed the informant that the accused appellant Mangra Oraon who is the eldest son of the informant had assaulted his mother Nando Devi accusing her as witch. Thereafter, the informant had reached the house of the accused appellant who was living separately from the informant. There also Nando Devi was not traceable. Thereafter, the informant started searching his wife. He also contacted his relatives and ultimately on 17.4.2000 the informant came to know that the dead body of his wife Nando Devi was lying inside a well of a garden of one Soma Oraon. (not examined). Thereafter, he found the dead body of his wife Nando Devi Fardbeyan of the case was given on 18.4.2000 at about 10.00 a.m.

(3.) IT is alleged by the prosecution that PW 2 is the eye -witness and statements of other witnesses were recorded and the case was committed to the Court of Sessions being Sessions Trial No. 168 of 2000. On the basis of the evidence given by the prosecution witnesses PW 1 to PW 9 the learned trial Court has convicted the appellant under Sections 302/201, IPC and accordingly sentenced as aforesaid. Against the judgment and order of conviction and sentence passed by the learned trial Court the present appeal has been preferred by the appellant.