MAHABIR ORAON Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant Mahabir Oraon was put on trial on the accusation of committing murder of his wife Piyo Orain. The trial court having found the appellant guilty for the said charge convicted him for the offence punishable under Sec. 302 of the Indian Penal Code, vide judgment dated 17.2.2004 and sentenced him to undergo imprisonment for life, vide its order dated 20.2.2004. The case which the prosecution initially made out in the Fardbeyan (Ext. -4) is that the deceased Piyo Orain had first married to this appellant. In course of time, Piyo Orain (deceased) went to brick -kiln for earning her livelihood. There she came in contact with one Ram Oraon with whom she developed relationship as a result of which she gave birth of one son and one daughter. Subsequently, when she came home, she again started living with this appellant, from whom she had two sons and one daughter. All the five children were living with the appellant. In spite of that relationship between them was not cordial as the deceased frequently used to go to brick -kiln for earning her livelihood which the appellant was not liking and therefore, there used to be altercation in between wife and husband.

(2.) On 28.5.2000 at about 5 a.m. one Manglesh Oraon (P.W. 4), son of the appellant came before the informant Prabhu Oraon (P.W. 1), a Choukidar to whom it was informed that in the last night his father (the appellant) had killed his mother by inflicting tangi injury and has left home. On getting this information, when Prabhu Oraon (P.W. 1) came to the place of occurrence, he did find the deceased lying dead and beside her a tangi smeared with blood was also lying.

(3.) Thereupon Prabhu Oraon (P.W. 1) informed to the Lohardaga Police Station. On getting such information, S.I., Ram Baleshwar Rai, Lohardaga Police Station, came and recorded the Fardbeyan (Ext. -4) of Prabhu Oraon on 28.5.2000 at 9 a.m. wherein informant narrated about the incident as has been stated above. On that basis a case was lodged by drawing a formal FIR.