JHUBA ORAON Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THE appellant upon pleading guilty of committing murder of his wife Somri Orain, one son Mahendra Oraon, aged about 3 years and a daughter Tito Kumari, aged about 5 years, was convicted by the then Sessions Judge, Gumla vide its judgment dated 03/05/2000, for the offence punishable under Section 302 of the Indian Penal Code and sentenced him vide its order dated 11/05/2000, to undergo imprisonment for life.

(2.) THE case of the prosecution, as it appears from the fardbeyan of Birsa Oraon, the father of the appellant, is that on 25/09/1999 at about 08:00 A.M. when he was feeding his cattle, Dhucha Oraon, son of the appellant, informed him that upon finding the door of a room in which his mother, brother and sister were sleeping, being closed from outside, he opened it and saw all of them sleeping. He tried to wake them up but they did not make any response. On getting such information, when the informant came to that room, he found all the three persons dead having several injuries. At that point of time, he did not find his son (appellant) anywhere in the house. They tried to search him out but he failed. In course of search, he found one 'Tangi' smeared with blood and, as such, suspected that someone has killed all the three persons by the said 'Tangi'. However, it was stated that the appellant in the night of the occurrence had also slept in that room, in which his wife, son and daughter were sleeping but in the morning, he was traceless.

(3.) ON such fardbeyan, a case was registered against the appellant. The matter was taken up for investigation, during which the Investigating Officer did record the statements of the witnesses and also got autopsy of the dead body done by the Doctor. The Investigating Officer having found the culpability of the appellant, submitted charge sheet upon which, cognizance of the offence was taken against the appellant. Thereupon, when the case was committed to the Court of Sessions, the prosecution opened its case and then when the charge was read over to the appellant -accused, he pleaded guilty. Immediately, thereafter the question was put to the appellant under Section 313 Cr.P.C. as to whether he has killed his wife, son and daughter, answer came in affirmative.