RAM LAL ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been preferred by the appellant against judgment of conviction dtd. 8/7/14 and order of sentence dtd. 9/7/14 passed by the Additional Sessions Judge-I, Lohardaga in S.T. Case No.106 of 2006 whereby and whereunder, the appellant has been convicted for the offence punishable under Sec. 302, IPC and sentenced to undergo RI for life and to pay a fine of Rs.10,000.00.

(3.) The prosecution case as unfolded in the fardbeyan is that the deceased Birua Oraon was sitting on the chabutrara (platform) of the village. At about 5.00 p.m., the wife of Janeshwar Paswan raised alarm that the accused appellant-Ram Lal Oraon has murdered the deceased Birua Oraon by assaulting him with tangi at her house. On hearing the alarm while the informant went running to the place of occurrence on the way he found that the accused-appellant Ram Lal Oraon was running away by holding tangi (axe) in his hand. On reaching the house of Janeshwar Paswan (Manjhi), the informant saw that his brother Birua Oraon was lying dead there. There were marks of assault with axe on the head and neck of the deceased Birua Oraon and there was profuse bleeding. On being asked by the informant, the wife of Janeshwar Paswan (Manjhi) (P.W.I) told the informant that the accused-appellant chased the deceased armed with axe and the deceased in order to save himself while entering inside the house of the PW1, the accused-appellant reached at the main door of the house of the PW1 with the axe and caused grievous injury to the deceased by assaulting him with the axe on his head and neck, by which the deceased died instantly. It has also been mentioned in the fardbeyan that the accused was demanding money from the deceased for taking liquor but as the deceased did not give him money, hence, he murdered the deceased. On the basis of the fardbeyan, the police registered Senha P.S. Case No. 04 of 2006 corresponding to G.R. No. 26 of 2006 and took up the investigation of the case. After completion of investigation, the police submitted charge sheet in the case.