RAJNATH ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE sole appellant, Rajnath Oraon has been convicted for the offence under Section 302 of the Indian Penal Code and has been sentenced to undergo RI for life by judgment dated 22.6.2001 in Sessions Trial No. 561 of 1998 by the 1st Additional Sessions Judge, Pamalau at Daltonganj.

(2.) IN short the prosecution case is that on 15.4.1998 at about 8 p.m. while the informant Suresh Oraon and his father Baijnath Oraon (the deceased) were taking their dinner in their house, the maternal grand father of the informant Deonarain Oraon (PW 3) came there and he also took dinner. After taking their dinner, the father of the informant asked him to go for sleep and he himself went out along with the maternal grand father of the informant to see him of. After a while the maternal grand father of the informant came back and informed the informant that his father has been killed and thereafter the family members rushed to the place of occurrence where they saw that Baijnath Oraon was lying in injured conditions with profuse bleeding. They also saw the accused/appellant Rajnath Oraon who was none else than the brother of deceased having a dagger in his hand and at that time he also threatened the informant and others to flee away from that place otherwise they would also be killed. In the meantime several neighbouring people assembled there and thereafter the informant with the help of neighbours brought his injured father to the hospital but he succumb to the injuries. The cause of the occurrence to be land dispute between the parties.

(3.) PW 1 Ratani Orain is the wife of the deceased, PW 2 Kamla Orain is the wife of the informant i.e. daughter -in -law of the deceased. PW 4 Suresh Oraon is the informant himself. PW 5 is Dr. Ajit Kumar Singh who held the post -mortem examination of the dead body of the deceased whereas PW 6 is the Investigating Officer.