PORHA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Criminal Appeal has been preferred by the appellant against the judgment of conviction and order of sentence dated 25.6.2001 passed in S.T No. 360 of 2000 by 2nd Addl. Judicial Commissioner, Khunti (Ranchi). The Court below by the impugned judgment has convicted the appellant under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment.

(2.) THE prosecution case, as unfolded in the fardbeyan of Karma Oraon (P.W. 8), is that on 1.1.2000 at about 5 P.M., his son Goria Oraon (deceased) was going towards 'Akhara' (Tribal Club) after taking Haria (a kind of liquor used by the tribal), the appellant intercepted and assaulted him with 'Kudal' (spade) on his head and face, causing him severe injuries and resulting into his death after about an hour. The motive disclosed by the informant is dispute between his deceased son and the appellant was regarding purchase of a land. His deceased son had given Rs. 3.000/ - to Jogan Baraik (P.W. 1) for the purchasing land from him and the appellant was pressurizing Jogan Baraik to return that amount to Goria Oraon so that he can purchase the land belonging to P.W. 1 Jogan Braik.

(3.) CHARGE under Section 302 IPC was framed against the appellant The appellant denied the charges and claimed to be tried. He was put on trial. In his examination under Section 313 Cr.P.C. re claimed to be innocent.