LEO AMRIT LAKRA SON OF BALASIUS LAKRA RESIDENT OF VILLAGE ATAKORA PS BHARNO DISTRICT GUMLA Vs. STATE OF BIHAR (NOW STATE OF JHARKHAND)

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction and sentence dated 10th Nov., 1992 convicting both the accused for charge under Sec. 302/34 I.P.C. They have been sentenced to undergo R.I for life.

(2.) During the pendency of the appeal, Birsu Oraon @ Birshu Oraon died his natural death, as informed by the learned counsel for the appellants and confirmed also by learned State Counsel. The instant appeal, thus, stands abated qua Birsu Oraon @ Birshu Oraon and survives qua Leo Amrit Lakra only. Another fact needs to be mentioned here is that the third accused namely, Balasius Lakra who, according to the prosecution, was also present at the scene of crime could not be nabbed by the police, therefore not put to trial. Learned State Counsel submitted that till the conclusion of the trial, Balasius Lakra was not arrested and thereafter, whether he has been apprehended by the police or not is not known to him, as he has no information in this regard.

(3.) The prosecution case hinges upon circumstantial evidence. The deceased in this case is one Patti Oraon, father of P.W4 Robin Bara, and husband of PW2 Durtima Orain. The occurrence is of 30th March, 1983, which was the day after Holi. The first informant (PW4 Robin Bara) lodged the report of occurrence on the next day at 9.00 am with the concerned police station that is, on 31st March, 1983. He alleged that when his father (deceased) was at home, accused Leo Amrit Lakra came there and took his father along on the pretext of taking liquor. This was seen by his mother, PW2 Durtima Orain. It is further alleged that after 2/3 hours, when the deceased did not come back home, his mother sent him along with PW3 John Bara to bring him from the house of Leo Amrit Lakra. When they went to the house of accused Leo Amrit Lakra, it was found closed from inside. It is alleged that both of them went to the backside of the house and saw that accused Leo Amrit Lakra and Birsu Oraon @ Birshu Oraon (since deceased) were scaling over the wall and accused Balasius Lakra (since absconder) also fled away from the house from the front side. They went inside the house and saw blood stains on the wall and some blood on the Dhheki. The dead body was lying under the heap of certain leaves. Kudal (blunt instrument) was also noticed near the dead body, stained with blood. These all happened at about 6.00 pm. However, the first information report was lodged with the police on the following day i.e. 31st March, 1983 at 9.00 am. Thereafter, inquest proceedings were completed by the concerned I.O and the dead body was sent for autopsy on the following day, i.e 1st April, 1983. One Dr. Yashwant Anant Lal son of Dr. Basant Lal, who had conducted autopsy over the dead body proved the postmortem report which indicated that the deceased had received two lacerated injuries on the vital part of the body (head). The motive as projected by the prosecution is that Birsu Oraon @ Birshu Oraon (since deceased) wanted to marry the daughter of the deceased, to which the deceased was not agreeing. This is how Birsu Oraon @ Birshu Oraon in connivance with accused Leo Amrit Lakra and his father Balasius Lakra (since absconder) made a plan in which the deceased was called at the house of the accused Leo Amrit Lakra on the pretext of taking liquor on the Holi occasion and then he was killed.