BHAUWA ORAON, S/O DUKHU ORAON, RESIDENT OF VILLAGE SERKA, P.S. BISUNPUR, DISTRICT GUMLA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 15.06.2005 and 17.06.2005 respectively, passed by learned Additional Sessions Judge II, Gumla, in connection with S.T. No. 266/03, corresponding to G.R. No.479/03, arising out of Bishunpur P.S. Case No. 22/03, whereby the appellant has been held guilty for the offence punishable under Sec. 302, Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) The facts, reveal from the fardbeyan of Tethri Orain, PW6, recorded on 26.07.2003, at about 10.00 a.m., at Village Serkabar Toli, P.S. Bisunpur, District Gumla, are that on 25.07.2003, at about 6.00 p.m., Doman Oraon (husband of the informant) returned home from his field. Doman Oraon (deceased) asked his elder brother Bhauwa Oraon (appellant) as to why he did not come to the field to work. Thereafter, some altercation took place between two brothers. It is alleged that Bhauwa Oraon brought out bow and arrow and shot arrow on his brother Doman. It is further alleged that the appellant again went back to his house, brought out an axe and gave repeated blow on the person of Doman causing injuries on his head and near chest below left axilla. Due to injuries so caused, Doman died at the spot.

(3.) On the basis of fardbeyan of Tethri Orain, Bishunpur P.S. Case No. 22/03, under Sec. 302 of the Indian Penal Code, was registered against the appellant. The investigation was carried out and after collecting evidences and statements of the witnesses, charge sheet against the appellant was submitted. Accordingly, cognizance was taken against the appellant and the case was committed to the Court of Sessions and registered as S.T.No. 266/03.