SUBHAS ORAON @ TEHNA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is against the judgment of conviction and order of sentence dated 22.3.1994 passed by the 2nd Additional Sessions Judge, Gumla in S.T. No. 184/1988, whereby the appellants have been found guilty for the offence under Sections 302/34, IPC and they have been sentenced to undergo RI for life.

(2.) BRIEFLY stated the prosecution case is that on 22.4.1987 Jitia Oraon alongwith Kura Oraon (deceased), Karamdeo Oraon and Shambhu Munda were ploughing paddy field of Kura Oraon. At about 4.30 p.m. Subash @ Tehna Oraon, Soma Oraon, Ghura Oraon, Mangra Oraon, Khoras Lakra, Lohra Oraon, Kario Oraon and Suka Orain arrived there variously armed with weapons. Subash @ Tehna Oraon and Ghura Oraon were holding Bhujali, Khoras Lakra was armed with Balua, Soma Oraon and Mangra Oraon with Tangi and Kario Orain and Suka Orain were having stones in their hands. All the said persons surrounded Kura Oraon and Ors. Subash @ Tehna Oraon abused Kura Oraon and forbade him from ploughing the land and then gave Bhujali blow on his temple. Kura fell down. Subash hit him on the stomach and the others also thereafter joined them and assaulted Kura with the weapons held by them. They also attempted to assault the informant and his companions. It was alleged that the land in question was in dispute and the matter was in the Court in which the judgment has been earlier passed in favour of Kura Oraon.

(3.) IN order to bring home the charges, the prosecution has in all examined nine witnesses. PW -1 Jitwa Oraon is the informant and he is the nephew of the deceased. In paragraph 2 of his deposition this witness has stated that Subhas cut the neck of Kura Oraon with Bhujali and that he had given two Bhujali blows. In paragraph 9 this witness has stated that as soon as Subhas hurled Bhujali, he fled away. His other companions had already escaped. PW 2 Basudeo Oraon is the son of the deceased. He stated that he was informed about the incidence at Gumla. When he received the information, he got the paper prepared by his lawyer, Bhubneshwar Babu, signed the same and handed over to the Dy. S.P. PW 3 Shambhu Munda is the friend of the deceased's son Karamdeo. He claimed to be an eyewitness of the occurrence. He has stated that Tehna assaulted Kura with Bhujali on his temple. Other seven persons also assaulted him. They were not known to him. In his cross -examination this witness has stated that at first Tehna had come alone. He had not named other persons. He corroborated fleeing away of Karamdeo towards east and Jitwahan towards west. PW 4 Karamdeo Oraon in the son of the deceased. He claimed that he saw the alleged occurrence from 80 -90 yards. He admitted that Shambhu Munda (PW 3) is his friend and on that day he had gone to his village. He alleged that there was land dispute which led to the occurrence. He also stated that at the time of occurrence he did not raise alarm. He went to Gumla along with Sambhu and Jitwahan but did not tell about the occurrence to anybody. In paragraph 8 be has stated that Soma and Ghura were not present in the village on that day. PW 5 Goshnar Kujur has been declared hostile. PW 6 Bishram Kujur has been tendered and not supported the prosecution case. PW 7 Lalan Bhagat is the witness to the inquest report and he proved Ext. 1/3. He saw a cut injury on the neck of the deceased. PW 8 Ram Pukar Singh is the IO of this case. He proved the fardbeyan (Ext. 2). According to him place of occurrence is about 200 yards from the village and that the dead body of the deceased was found on a Parti field (barren land). He has stated that the place of occurrence was Plot No. 591 named Pindardohar. He further stated that on search, no arm was recovered from the houses of the appellants. PW 9 Dr. J.P. Sanga conducted postmortem examination on the dead body of Kura Oraon. He found altogether four incised wounds and three bruises. In his opinion, the injury Nos. 3 and 4 were grievous in nature and rest were simple in nature. According to him time elapsed since death was nearly 2 days. Postmortem examination report is Ext. 5. In his opinion, injury Nos. 1 -4 could be caused by weapon like Bhujali and others injuries by sticks.