SOHRAI ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal has been preferred by the appellant against the judgment of conviction and order of sentence passed by Additional Judicial Commissioner, Lohardaga in Sessions Trial No. 470 of 1991 (40 of 1991), whereby the present appellant has been convicted mainly for the offence punishable under section 302 of the I.P.C. for life imprisonment judgment of conviction and order of sentence dated 16th by October, 1993 & 18th October, 1993.

(2.) IT is the case of prosecution that on 28.2.1991 at about 11 a.m. the informant -P.W. 12 Bahadur Oraon gave his statement before the police on 28.2.1991 that at about 6.30 a.m., he has been conveyed by Dhaniya Kumari ( P.W. 1)- cousin sister of the informant that some persons had killed his father Gondal Oraon ( deceased) and blood is oozing from his head. Upon her saying, the informant ( P.W. 12) went to his uncle's house and found his uncle dead. He saw injuries on the head of the deceased by sharp cutting instrument at 3-4 places and thereafter several cuts on the body of the deceased. IT is further a case of the prosecution that informant alleges against the present appellant that he had given threat to the deceased that he will not keep the deceased alive for more than fifteen days. This is how the appellant was named in the FIR. Investigation was carried out, charge sheet was filed and the case was committed to the Sessions Court and upon recording the evidences of the prosecution witnesses and upon depositions of the prosecution witnesses, the appellant/accused has been convicted for the offence punishable under section 302 of the I.P.C on the basis of circumstantial evidence.

(3.) IN view of this, we, therefore, quash and set aside the judgment of conviction and order of sentence passed on 16.10.1993 and 18.10.1993 respectively by Additional Judicial Commissioner, Lohardaga in Sessions Trial No. 470 of 1991 ( 40 of 1991). Prosecution has failed to prove beyond reasonable doubt that the appellant has committed murder of Gondal Oraon and he is therefore, acquitted from the charges levelled against him by the prosecution. The appellant/accused is already on bail by suspending the sentence by this Court. The appellant is discharged from the liability of his bail bond.