DUBRAJ ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE instant appeal has been filed against the Judgment dated 21-4-1997 passed by 1st Additional sessions Judge, Gumla in Sessions Trial No. 9 of 1997 whereby, the sole appellant has been convicted for committing offence under Section 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life.

(2.) THE prosecution case in short is that on 10-7-1996 at about 7:00 A. M. , the informant Somla Oraon (P. W.-1) came back his home after attending the call of nature. He saw that his wife Bandhwa Orain, (P. W.-10)was weeping in the room of his son. When he entered in the room, he saw the appellant coming out of the room and then he fled away without uttering a word. The informant found that his daughter-in-law Saro orain was lying dead. On enquiry, his wife (P. W.-10) told that the appellant had stabbed saro Orain to death. The informant, thereafter, called the villagers and told them about the occurrence. The further case of the prosecution is that on the previous night, all the family members of the informant were sleeping and the deceased was also sleeping with the appellant in her room and there was no dispute whatsoever in the family and they were leading happy married life. It was further alleged that the said occurrence took place in between 4:00 A. M. to 6:00 A. M. on 10-7-1996.

(3.) THE appellant pleaded not guilty and claimed to be tried.