BUDHU ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Against the judgment of conviction u/s 302 I.P.C and order of sentence, both dated 18.02.2009 passed in Sessions Trial No.294 of 2004, the appellant-Budhu Oraon has preferred this criminal appeal u/s 374(2) Cr.P.C.

(2.) A first information report being Mandar P.S. Case No.76 of 2003 was registered against the sole accused, on the allegation that after cutting the head of informant's wife by a tangi, the accused fled away. This case was registered on the basis of the ferdbeyan given by the informant-Birsa Oraon before the Sub-Inspector of Police, Mandar police station at about 4.00 p.m. on 02.12.2003. He has stated that while returning from Bazara market along with his nephew-Raju Oraon at about 12.00 noon, when he reached near the garden (Bagicha) of Bandhu Bhagat he heard the cries of his wife. And then he saw the accused-Budhu Oraon assaulting his wife with a tangi. By the time they reached there, the accused decapitated his wife with tangi and started fleeing, taking away her head. When they tried to apprehend the accused, he threatened them with the tangi and fled away. On receiving the information about the incident, his daughter and other family members along with Chaukidar came there and chased the accused who fled away, throwing the deceased's head there. A charge-sheet was submitted against the accused u/s 302 I.P.C and charge was framed against him for committing murder of Telia Orain. During the trial the prosecution examined 10 witnesses. The informant-Birsa Oraon was examined as P.W.1, his nephew Raju Oraon as P.W.3 and his daughter-Mangri Orain has been examined as P.W.2. The doctor who has conducted the post-mortem examination over the dead body is Dr. Sambhu Sharan-P.W.8 and Officer-in-charge of Mandar police station is P.W.9. The investigating officer-Rajendra Paswan has been examined as P.W.10. The inquest report which was signed by Raju Oraon-P.W.3 and Lachhu Oraon (not examined) has been marked as Ext.5. P.W.8 has identified the post-mortem report which has been marked as Ext.2. The investigating officer after collecting blood-soaked earth near the dead body prepared seizure memo which was signed by Raju Oraon and Lachhu Oraon. The investigating officer has deposed that on receiving a telephonic information on 02.12.2003, he made entry vide Sanha No.32 dated 02.12.2003 and proceeded for village Bazara where he recorded ferdbeyan of the informant. He has stated that he found the head of the deceased severed from the dead body, placed near the neck and huge blood spilled on the earth near the dead body. The crime weapon was not recovered and blood-soaked earth from the place where the accused had thrown the head of the deceased was not collected by him. Report of Serologist on the blood collected from the place of occurrence was also not produced by the prosecution during the trial. There was no enmity between the informant and the appellant, and even a quarrel had never happened between them.

(3.) Dr. Sambhu Sharan-P.W.8, who conducted the post-mortem examination, has found the following injuries on the dead body: