NIRANJAN ORAON Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard learned counsel for the appellants and the learned counsel for the State.

(2.) The appellants are aggrieved by the Judgment of conviction dated 005.1996 and Order of sentence dated 04.05.1996, passed by the learned Additional Sessions Judge-VI, Palamau at Daltonganj, in Sessions Trial No. 111 of 1991, whereby, the appellants have been found guilty and convicted for the offence under Sections 302 / 34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo R.I. for life for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Luv Tiwary, who is the brother of the deceased Munesh Tiwary, recorded on 19.5.1990 at about 8:15 A.M, wherein he has stated that in the previous evening, i.e., on 18.5.1990 at about 5:30 P.M, he was in his rickshaw garage at Baralota, where Sohan Mistry, Bigu Bhuiyan and Sri Krishna Murari were also present. At the same time the accused, Birbal Oraon, Niranjan Oraon, Rameshwar Oraon and Hari Oraon also came there. Birbal Oraon used to ply the rickshaw from the same rickshaw garage. His brother, Munesh Tiwary was in visiting terms with the wife of the accused Ram Prasad Oraon. All the four accused persons talked with Munesh Tiwary and thereafter, Ram Prasad Oraon and Munesh Tiwary went on a rickshaw which was driven by Birbal Oraon and Niranjan Oraon and Hari Oraon also followed them. In the next morning, the informant was informed that the dead body of his brother was lying near a shop, whereupon he went there and found the dead body of his brother. He has stated in the fardbeyan that the cause of occurrence was the illicit relationship between his deceased brother and the wife of the accused Ram Prasad Oraon, and due to this illicit relationship, the accused persons had committed the murder of his brother by sharp cutting weapon and thrown the dead body. On the basis of the fardbeyan, Daltonganj (Sadar) P.S Case No. 140 of 1990, corresponding to G.R No.629 of 1990, was instituted for the offence under Sections 302 / 34 of the Indian Penal Code, against the aforesaid accused persons and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.