RAM ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant, Ram Oraon, was charged under 302 read with Section 34 I.P.C by the 3rd Addl. Judicial Commissioner, Ranchi. The allegation against him is that on the night of 10.12.1992, he, in furtherance of the common intention of Suleman Khalko, attacked the deceased, Bhikuram Oraon, with a sharp cutting weapon, on account of which the said Bhikuram Oraon died. The Trial Judge, finding the appellant guilty, sentenced him to imprisonment for life, which is under challenge in this appeal.

(2.) ON 10.12.1992, the deceased Bhikuram Oraon, P.W.1 Jaikan Oraon, P.W.2 Bhagwan Oraon and P.W.3 Meghu Oraon, all residents of village - Jikhi, went to attend a party. They had their dinner and at about 9.00 p.m., the deceased went out of the house to attend calls of the nature followed by P.W.2. After sometime, P.W.2 came back and informed P.Ws.1 and 3 that the deceased is being attacked. P.Ws. 1 and 3 accompanied by P.W.2 went out of the house and found the deceased being assaulted by the appellant and other person. On seeing the witnesses, the appellant ran away. Thereafter, the injured was taken to the hospital. The statement, Ext.2, was given by P.W.3, Meghu Oraon, at 3.00 a.m. at the hospital on 11.12.1992 regarding the occurrence, on the basis of which a crime was registered and investigation was taken up by the Police Officer. The inquest was conducted and requisition was given to the medical authorities for conducting autopsy on the dead body.

(3.) AFTER the completion of investigation, final report was filed by P.W.6, the Officer who took up investigation from the Officer who earlier conducted investigation. The appellant denied all the incriminating circumstances, when he was questioned under Section 313 Cr.P.c.