DHHARU ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant Ms. Asmita Srivastava and learned counsel for the State Mr. Ravi Prakash, Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction and order of sentence both dated 18.07.1996 passed by learned 4th Additional Judicial Commissioner, Ranchi in Sessions Trial Case No.712/1994 whereby the sole accused Dhharu Oraon has been held guilty for the offence committed and punishable under Section 302 of the Indian Penal Code and also under Section 27 of the Arms Act. Learned trial court has awarded rigorous imprisonment for life for the offence committed and punishable under Section 302 of the Indian Penal Code and rigorous imprisonment for five years for the offence committed and punishable under Section 27 of the Arms Act. Both the sentences are directed to run concurrently.

(3.) The prosecution case is based upon the Fardbeyan of Sumi Orain (P.W.1) recorded by S.I. Shivajee Prasad, Officer-in-charge, Bero Police Station on 18.7.1994 at 00.45 hours (A.M.) at Health Centre, Bero. The informant has stated that yesterday i.e. on 17.7.1994 at around 9:00 P.M. in the house of co-villager Nanhe Oraon, Dhharu Oraon son of Somra Oraon along with another person were eating and drinking together. At that time son of the informant Goinda Oraon (deceased) went there. After sometime her son came in front of her door and was standing. In the meantime Dhharu Oraon came there with country made pistol in his hand and accosted him whether he is knowing him or not and thereafter shot her son on lower portion of his stomach. The victim has raised brawl and thereafter the informant, her maternal niece Birsi Orain (P.W.4) and younger brother-in-law Lurka Oraon came to the place of occurrence. They have lifted the victim and brought him to the door. The informant has further stated that Dhharu Oraon after firing, fled away along with country made pistol towards his house. The condition of the son of the informant was very serious, as such he was brought to Bero Hospital for treatment where he is undergoing treatment. The informant has claimed that accused Dhharu Oraon has fired upon his son by country made pistol causing serious injury.