MANGRA ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant Mangra Oraon was charged for the offence under Sections 448 of the Indian Penal Code for committing house trespass by entering into the house of Etwa Oraon (deceased) and further under Section 302 of the Indian Penal Code for committing the murder of the aforesaid Etwa Oraon. The learned 2nd Additional Judicial Commissioner, Ranchi, by the impugned Judgment, convicted the appellant for the offence under Sections 448 and 302 of the Indian Penal Code and sentenced him to undergo life imprisonment for the offence under Section 302 of the Indian Penal Code and to pay a fine of Rs. 50/ -, in default to undergo R.I. for a further period of 15 days and further R.I. for six month for the offence under Section 448 of the Indian Penal Code. Both the sentences were ordered to run concurrently.

(2.) THE prosecution case in brief is that Madheya Oraon alias Sonua (P.W. -3) lodged F.I.R. before the Chanho Police Station on 25.07.1983 at 03:00 P.M. alleging therein that in the preceeding night, at about 9:00 P.M., while his father Etwa Oraon (deceased) was sitting in his house, the appellant, who was nephew of the deceased and was in a drunken state, came there and sat by the side of his father. The appellant thereafter told his father Etwa Oraon that he would beat him and thereafter started beating with fists and slaps whereupon, the informant drove the appellant out of his house. The appellant again came back with an axe (Tangi) and thereafter, he gave a Tangi blow to Etwa Oraon (deceased) causing injuries below the chest and on his arm and other parts of the body and then fled away. The informant and his mother Runia Orain (P,.W. -2) tried to catch hold the appellant but he fled away. Etwa Oraon remained alive for the whole night. He also demanded water to drink which was also given to him. The informant further alleged in the F.I.R. that since his house was at a lonely place and the night was dark so he did not raise any hulla and he could not go to the hospital and ultimately his father died in the morning before sun rise. He further stated that they had no enimity with the appellant Mangra Oraon from before and therefore, he could not say as to why he assaulted his father. At about 6:00 A.M., Suresh State Of Jharkhand Through Director General Of Police Versus Thakur Ajit Kumar Nayak, Chowkidar was passing through the way, to whom the informant informed about the occurrence. On his call, Shiekh Shamsuddin, Chowkidar and the villagers Jena Oraon, Champa Oraon and Jabru Oraon came there to whom the informant narrated the occurrence and with their assistance, carried his deceased father to the Police Station where he lodged the F.I.R. The Police, after registration of the F.I.R., took up the investigation and on completion of investigation, submitted chargesheet against the appellant under Section 448 and 302 of the Indian Penal Code. The case was committed to the Court of Sessions where charges were framed to which the appellant denied and thereafter, he was put on trial.

(3.) LEARNED Counsel Mr. Rakesh Kumar Sinha, by assailing the Judgment of the Trial Court, submitted that the learned Trial Court has convicted the appellant on the basis of the evidence of two alleged eye witnesses i.e. P. Ws. 2 and 3 i.e. the widow and son of the deceased who themselves have made vital contradictions in their evidence, making their testimony most unreliable. He further submitted that though the prosecution failed to establish charges beyond all reasonable doubts, even then the learned Trial Court has wrongly and illegally convicted the appellant for the alleged offence. On the other hand, Mr. T. N. Verma, learned APP, by supporting the Judgment of conviction and sentence passed by the Trial Court, submitted that P.Ws. 2 and 3 i.e. the two eye witnesses have fully supported the prosecution case and they are very much reliable and therefore, the Trial Court has not committed any error in convicting and sentencing the appellant after holding him guilty for committing murder of Etwa Oraon.