SUKRA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant, was put on trial, on the accusation of committing murder of one Biga Oraon. The trial court, having found the appellant guilty for the said charge, convicted him for the offence punishable under Section 302 of the Indian Penal Code vide its judgment dated 22.07.2004 and sentenced him accordingly, vide its order dated 23.07.2004 to undergo rigorous imprisonment for life for the offence under Section 302 of the Indian Penal Code.

(2.) The case of the prosecution is that on 06.07.2002 at about 4 P.M., while the deceased-Biga Oraon was returning home from Brombey market on his bicycle and reached near Sarna Asthan of his village, the appellant-Sukra Oraon inflicted tangi blow over the neck of the deceased, as a result of which, the deceased became seriously injured, who was taken home by one Ramanand Nayak (P.W.6) on his bicycle. Thereupon he was brought first to Mandar Hospital where first aid was given and then was referred to RMCH.

(3.) To that effect, a written report (Ext.1) was given to the Officer-in-Charge of Mandar Police Station on 06.07.2002 itself. Upon which, a case was registered as Mandar P.S. Case No.39 of 2002 under Sections 341, 324 and 307 of the Indian Penal Code. In the said written report, it had been stated by the informant-Panchu Oraon (P.W.8) that the appellant, by claiming himself to be the son of the deceasedBiga Oraon, was asking share in the property of Biga Oraon, but Biga Oraon was denying that he is his son and that was the reason, the appellant committed murder of Biga Oraon.