GHANSI ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment of conviction and sentence dated 11th September, 1997 passed by Sri Pradeep Kumar, learned Additional Sessions Judge, Gumla in Sessions Trial no. 306 of 1995. The appellant having found guilty for the offence u/s. 302 I.P.C., has been convicted and sentenced to undergo R/l for life.

(2.) THE brief facts necessary to dispose of this appeal are recapitulated as under: Bulaki Ram Versus Jatru Mahali One Mohar Oraon (P.W.2), father of Ramesh Oraon (deceased) lodged F.I.R. on 14th April, 1993 that on the said date at about 2 P.M. when he was ploughing his field, Rengari Oraon of his village came and informed that his son, Ramesh Oraon has been murdered by accused, Ghansi Oraon outside the house of Sohrai Oraon (P.W.7). On hearing the information, he (informant) went near the house of Sohrai Oraon and saw that the neck of his son has been slitted and he was lying dead on the P.O. Ajay Kumar Oraon (P.W.11) and Lalo Orain and others, who were present at the P.O., told him that just before the incident, his son came with the accused, Ghansi Oraon from towards south. Ghansi Oraon (accused), who had a Baluaa in his hand, gave a Balua blow on his neck and his son died. Thereafter, the accused, Ghansi Oraon fled away towards the jungle. He stated that his deceased son was aged about 20 -22 years and was a student of B.A. in Sisai College and he does not know the reason of such murder. The informant further stated that his deceased son, Ramesh Oraon, the day prior to the date of occurrence had gone along with Ghansi Oraon to the Hat and something may have happened during taking drink and food which he can inform after receiving information. In course of trial, prosecution examined 12 witnesses. Out of them, P.W.1, Seraj Khan and P.W.3, Uday Singh (he is also P.W.12) are formal witnesses, who proved the F.I.R. and case diary. P.W.7, Sohrai Oraon was tendered and P.W.6, Gandauri Orain was declared hostile at the instance of the prosecution. P.W. 2, Mohar Oraon (informant), father of deceased and P.W.8, Madho Oraon are hearsay witnesses. P.W.4, Dr. R.K. Gupta conducted postmortem on the dead -body of the deceased. Rest of the four witnesses, namely, P.W.5, Lalo Orain, P.W.9, Genda Oraon, P.W.10, Champa Oraon and P.W. 11, Ajay Kumar Oraon are eye witnesses of the occurrence.

(3.) THOUGH P.W.1, Seraj Khan is a formal witness, who proved the signature on the F.I.R. (Exhibit -1), he stated that he heard on 14th April, 1993 from Ajay Kumar Oraon (P.W.11) that the deceased, Ramesh Oraon was murdered by accused, Ghansi Oraon outside the house of Sohrai Oraon by giving a Balua blow. He saw the dead -body whose neck was cut and he accompanied informant, Mohar Oraon (P.W.2) to the police station. P.W.2, Mohar Oraon, informant, who is the father of the deceased, supported his statement as given in the F.I.R. He stated that while he was working in the field on 14th April, 1993, Rangari Oraon came and informed him that his son, Ramesh Oraon has been murdered by accused, Ghansi Oraon outside the house of Sohrai Oraon. He ran to the house of Sohrai Oraon and saw the dead - body of his son whose neck was cut. Ajay Kumar Oraon, Lalo Orain, Champa Oraon and Gandauri Bulaki Ram Versus Jatru Mahali Orain, who were present at P.O., told him that the accused, Ghansi Oraon committed murder. At the time of occurrence, the deceased was talking to the wife of Sohrai Oraon when Ghansi Oraon gave a balua blow on his neck and ran towards the jungle. His statement was consistent with his fard beyan. This witness stood to the evidence even during the lengthy cross -examination and no contradiction could be brought in his statement. P.W.4, Dr. R.K. Gupta, who conducted post -mortem on the dead -body of the deceased, found the following injuries on the person of the deceased: "Injuries: ''Incised wound approx. 6"x1 1/2"x3 1/2" placed horizontally on left anterior chest from left supra cavicular region, left shoulder region, wound more deep medially with an intermediate 1" area of intact skin and less deep would laterally. Associated injuries: ''large blood vessels, muscles, sub -contenious tissues and nerves were also cut and present. Nature ''Injuries are ante mortem in nature, grievous in nature and sufficient to cause death in ordinary course of nature. Injury seems to be by some S shaped sharp cutting edge weapon like pharsa. Cause of death ''excessive haemorrhage and shock. In his opinion: -The above injury may be caused by a balua which is shaped. (2) Such injury is not possible by a weapon whose middle portion is high." P.W. 5, Lalo Orain is an independent eye witness. In her testimony, she deposed that on the date of occurrence at 2 P.M., when she was going to the tank to cleaning her clothes, she saw the deceased, Ramesh Oraon was talking with Gandauri Orain, at that time accused, Ghansi Oraon came and gave a tabla (sic '' balua?) blow on the neck of the deceased due to which Ramesh Oraon fell down on the ground and died. When she raised alarm, then Ajay Kumar Oraon (P.W.11) and Champa Oraon (P.W. 10) came there. Subsequently, Mohar Oraon (P.W.2) also came there. She identified the accused in the court. In her cross -examination, she stated that the tank is at a distance of 1/2 Kms. from her village and at the time of occurrence, she was at a distance of 100 yards from the deceased. Her house is by the side of Sohrai Oraon, The evidence of P.W.5 is quite consistent with the case of prosecution as stated in the fard beyan and her name figures in the fard beyan as one of the eye witnesses of the occurrence. It is not necessary to discuss the evidence of P.W.6, Gandauri Orain, who was declared hostile and P.W.7, Sohrai Oraon, who was tendered for cross -examination. P. W. 8, Madho Oraon stated that about 4 years back on Wednesday, on hearing alarm, he went to the P.O. and saw the dead body of Ramesh Oraon whose neck was half cut. Those who were present there told him that the neck of the deceased was cut by accused, Ghansi Oraon. His wife, Lalo Orain (P.W.5) also told him that she saw Ghansi Oraon cutting the neck of Ramesh Oraon. P.W. 9, Genda Oraon stated to have seen Ghansi Oraon running towards the jungle with balua in his hand. The witnesses, who were present there, namely, Lalo Orain (P.W.5), Champa Oraon (P. W. 10), Ajay Kumar Oraon (P.W.11) stated that the accused, Ghansi Oraon was running away after cutting the neck of the deceased, Ramesh Oraon. He then took out his motorcycle and went with Mohar Oraon and Seraj Khan to the police station. Seraj Khan also signed the fard beyan. He identified the accused, Ghansi Oraon in the court. Bulaki Ram Versus Jatru Mahali P.W. 10, Champa Oraon is an independent eye witness. He is also witness of the seizure list and inquest report. He corroborated the statement of other witnesses, namely, P.Ws. 5 & 9. According to him, on the date of occurrence, he was standing near the house of Sohrai Oraon and talking to Ajay Kumar Oraon, at that time Ramesh Oraon was talking to Gandauri Orain outside the house of Sohrai Oraon. In the meantime, the accused, Ghansi Oraon came and gave a baluaa blow on the neck of the deceased. He and others ran toward the P.O. but Ghansi Oraon fled awav with baluaa to the forest. Ramesh Oraon died on the spot. On hearing alarm, Champa Oraon and others also came. He proved his signature on the inquest report and the seizure list of blood stained earth which was collected by the police from the P.O. In his cross -examination, he gave location of the P. O. and stood to the evidence during the cross -examination without any contradiction. P.W.11, Ajay Kumar Oraon, another eye witness, is a cousin of the deceased. He is also a seizure list and inquest report witness. He stated that on the date of occurrence, he was going with Ramesh Oraon to the house of his aunt and when they reached near the house of Sohrai Oraon, then Ramesh Oraon asked him to stay. Ramesh Oraon went to talk with the wife of Sohari Oraon and in the meantime, he (P.W.11) started talking with Champa Oraon and at that moment accused, Ghansi Oraon came from south near the house of Sohrai Oraon and gave a balua blow on the neck of Ramesh Oraon. Half of the neck of Ramesh Oraon was cut and he died on the spot. On his hulla, accused, Ghansi Oraon ran towards jungle with baluaa. They chased him but could not catch him. He stated that on the day before the occurrence, Ramesh Oraon and Ghansi Oraon had gone to Polka market and on the date of occurrence also in the morning the deceased was with Ghansi Oraon. In his cross -examination, he stated that he was standing at a distance of 55 steps from Ramesh Oraon, when he was murdered. He further stated that about 200 people gathered at the place of occurrence on hearing hulla.