GONDLA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE appellant was put on trial on the charge of committing murder of Charwa Oraon as well as his wife Maricho Devi after entering into his house and also for causing injuries to their three children by Bhujali. The court having found the appellant guilty of all the charges recorded the judgment of conviction dated 20.5.2004 passed in S.T. No. 254 of 2001 and sentenced him, vide order dated 21.5.2004 to undergo rigorous imprisonment for life for each of the offences under Sections 302 and 449 of the Indian Penal Code and further sentenced him to undergo imprisonment for one year for the offence under Section 323 of the Indian Penal Code and further for six months for the offence under Section 3/4 of the Witch Craft Act.

(2.) THE case of the prosecution is that Charwa Oraon (deceased), brother of the informant, Bandhan Oraon (P.W.7) was living separately in a house situated to some distance from the house of the informant but in the same village. On 4.9.2001 at about 9.30 p.m. when he was sleeping in his house, Saniya Oraon (P.W.4), aged about 13 years, son of Charwa Oraon (deceased) came and informed that the appellant Gondla Oraon at about 9 p.m. entered into the room and did assault his father and three sisters brutally, as a result of which, his father has died and other persons have sustained severe injuries. On getting this information, the informant, Bandhan Oraon (P.W.7), his father Madka Oraon and also villagers came rushing to the house of Charwa Oraon where he found his brother Charwa Oraon dead, who had had injuries over his neck and hand. They also did find Maricho Devi, wife of Charwa Oraon injured but was alive, who on being asked, told them that at about 9 p.m. Gondla Oraon came, entered into her house and assaulted her as well as her husband and also to their three children Sushanti (P.W.9), Manti Kumari (P.W.11) and Sainmait (P.W.10) by Bhujali. She also disclosed that the appellant did so as he was suspecting that on account of her husband practicing witchcraft his wife has died. They also found three daughters of Charwa Oaon in injured condition. At the place of occurrence, several villagers had assembled. One of them was Saghan Lohra (P.W.3), who did disclose to the informant that when he heard distress sound coming from the house of Charwa Oraon, he came to the house of Charwa Oraon and then saw Gondla Oraon coming out of the house of Charwa Oraon with Bhujali which was smeared with blood. Upon seeing him, Gondla Oraon gave tangi blow to him, as a result of which he sustained injuries over her shoulder and ear.

(3.) THE informant further stated that the appellant did commit such offence as he was suspecting that Charwa Oraon had been practicing witchcraft on account of which his wife had died.