JHARIA ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant Jharia Oraon has challenged the judgment and order of conviction and sentence dated 7th July, 1997/8th July, 1997 passed by Shri Pradeep Kumar, learned Additional Sessions Judge, Gumla in S.T. No. 80 -93, arising out of Gumla P.S. Case No. 172/92 corresponding to G.R. Case No. 685/92, whereby and whereunder, the appellant has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.

(2.) THE fact of the case lies in a narrow compass. On 11th August, 1992 in the morning, the father of the informant, namely, Birsu Oraon (deceased) was grazing his cows in the Kripanagar village and the informant Fekla Oraon (PW 5) was ploughing in the same field. One Mangra Oraon (PW 3) who is step brother of informant was grazing his field nearer to the field of informant. The accused Jharia Oraon who is a co -sharer and uncle of the informant was watering his field, informant's cousin, Biria Oraon and Mahadeo Oraon, who are sons of accused Jharia Oraon, were also ploughing in their nearby field. In the meantime, at about 7 a.m. uncle of informant i.e. accused Jharia Oraon wanted to take water by cutting the ridge of his field then the father of informant, namely, Birsu Oraon (deceased) prohibited him from doing so. Jharia Oraon then colluded with hot exchange of words with Birsu Oraon. Biria Oraon and Mahadeo Oraon who were ploughing their field left ploughing and came to the field of the informant and threw his father Birsu Oraon on the ground. Thereafter, accused Jharia Oraon gave three spade blows which was in his hand. The father of informant, namely, Birsu Oroan become unconscious and the informant ran to save his life. Mahadeo also gave a lathi blow on the right leg of informant. On hearing hulla, when Mangra Oraon (PW 3) came to the place of occurrence then Jharia Oraon and Mahadeo Oraon fled away. Jattra Oraon (PW 2) and Jugu Oraon also reached to the place of occurrence on hearing hulla. They along with the informant carried Birsu Oraon to Kharka More where he died. Leaving the dead body of his father, the informant along with his mother and villagers went to the police station for lodging FIR. On the basis of the fardbeyan of informant, Fekla Oraon (PW 5), the Police registered a case under Sections 302/34 and 323/34 of the Indian Penal Code and after investigation, submitted charge sheet against the three accused, namely, Jharia Oraon, Biria Oraon and Mahadeo Oraon.

(3.) PW 1, Jokhan Bhagat and PW 4. Hari Charan Kewat both proved the inquest report. They stated that the daroga prepared the Inquest report in their presence on which they put their signatures, marked as Exts. 1 and 1/1, according to them they had not seen the occurrence. PW 2, Jatra Oraon and PW 3, Mangra Oraon are full brothers. After the death of their father, their mother Somari Oraon started living with Birsu Oraon (deceased) and gave birth to a son, namely, Fekla Oraon, the informant (PW 5) PW 3, Mangra Oraon and PW 5, Fekla Oraon (informant) are the eye -witnesses to the occurrence who were ploughing their field where Birsu Oraon was grazing his cows. PW 2, Jatra Oraon came to the place of occurrence first after the occurrence took place and had seen the accused fleeing from the place of occurrence. PW 6, Dr. A.D.N. Prasad, Civil Assistant Surgeon conduct autopsy on the body of the deceased Birsu Oraon. PW 7, Dr. Jaswant Anant Lal, Civil Assistant Surgeon examined the informant Fekla Oraon (PW 5) and submitted injury report (Ext. 4) PW 8, Krishna Singh, Sub Inspector of Police was the Investigating Officer of the case.