SUKRA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 28.9.2000 and the order of sentence dated 29.9.2000 passed by the then VIIIth Additional Judicial Commissioner, Ranchi in S.T. No.437 of 1998 whereby and whereunder the court having found the appellant, Sukra Oraon guilty for committing murder of Dumni Orain convicted him for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.

(2.) The case of the prosecution is that when one Parvatiya, wife of the brother of the appellant, Sukra Oraon @ Chuitee gave birth of a stillborn child at RMCH, the appellant Sukra Oraon started telling that it was on account of witchcraft being practiced by the deceased Dumni Orain.

(3.) Further case is that on 25.1.1998 at about 5 a.m. when Dumni Orain, the mother of the informant Birsa Oraon (P.W.2) came out of the house for easing herself, she raised an alarm and on hearing it, when he and his brother Mangra Oraon (P.W.1) came out of the house, they saw the appellant assaulting Dumni Orain with brick, as a result of which, she started bleeding. Since the appellant was having weapon with him, neither the informant Birsa Oraon (P.W.2) nor his brother Mangra Oraon (P.W.1) came near to the appellant, who was telling that on account of her (deceased), wife of his brother had given birth of stillborn child.