JOSEPH ORAON Vs. STATE

JUDGEMENT

(1.) The appellant Joseph Oraon was initially charged in the F.I.R. for offence under Section 302, I.P.C. In course of investigation, Section 376, I.P.C. was also added. The learned Sessions Judge, Gumla found him guilty, convicted the appellant both under Sections 302 and 376, I.P.C. by the impugned judgment dated 6th March, 1998 passed in Sessions Trial No. 69/97 and sentenced him to undergo imprisonment for life under Section 302, I.P.C. and ten years for offence under Section 376, I.P.C. and directed the sentences to run concurrently. In this appeal, the aforesaid judgment is under challenge.

(2.) The case of the prosecution, as per Fardbeyan of Informant Hiru Sahu (P.W. 3) is that on 15th December, 1996 at about 9 a.m. his daughter Rekha Kumari (deceased) left his house with Bamboo Basket to collect fire wood and cow dung for cooking purpose. She went into the field of accused Joseph Oraon and picked up few groundnuts, on which accused Joseph Oraon abused her and threatened her with Tangi (axe), due to which Rekha Kumari (deceased) fled away. Till evening she having not turned up, he (P.W. 6) along with his wife began to search her but could not trace her. On the next morning, i.e. 16th December, 1996, when they were searching her (deceased) and reached near a nala of the village, they found the dead body of their daughter, Rekha Kumari inside Nala having injury on her head and back having broken Bangles lying nearby the dead body. Bamboo basket was also lying near the dead body, having some fire wood, some cow dung and ground-nuts lying scattered. It was also stated that his nephew.Gopal Sahu (P.W. 5) told him that yesterday (15th December, 1996) at about 11 a.m., the accused Joseph Oraon had gone towards the place of occurrence with Tangi in his hand and returned at about 3-4 p.m. the accused also threatened Gopal Sahu that he will kill the entire family. It was reported that the accused Joseph Oraon is an ac- cused in the murder case of his nephew Ram Khelawan and had committed rape on his another Niece Sampati Kumari about one year back. At that time, as the villagers asked the accused to marry the girl, since then the accused used to threaten them. It was alleged that the accused Joseph Oraon had committed murder of his daughter Rekha Kumari causing injury on her head and back with Tangi.

(3.) In the present case, the prosecution produced only six witnesses i.e. Dr. A.D.N. Prasad (P.W. 1), who conducted autopsy on the dead body of Rekha Kumari; Lakheshwari Devi (P.W. 2), a distant relation and neighbour of the Informant; Him Saw (P.W. 3), Informant, father of the deceased; Hira Lal Gupta (P.W. 4), a formal witness of inquest report and seizure list; Gopal Sahu (P.W. 5), nephew of the Informant i.e. cousin of the deceased and Lakhan Murmu (P.W. 6), the Investigating Officer.