JAGESHWAR ORAON Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE instant appeal arises out of the judgment and order of conviction and sentence dated 26th, September, 1995, passed by Shri Gopal Prasad, learned 6th Additional Sessions Judge, Palamau at Daltonganj, Camp -Latehar, in Sessions Trial No. 38 of 1992, whereby and whereunder, the appellants have been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) THE prosecution case, based on the basis of Fard -beyan (Ext.5) of the informant Biru Uraon (PW 1), recorded on 12th May, 1990 at 9.00 a.m. at Village -Sinjo Tola -Keri Mahua, by S.I. A. Nasar, Officer -in -charge, Manika Police Station, is that in the last night i.e. 11.5.1990 at about 8.00 a.m. the informant was sitting at his home after taking meal. His father Parmeshwar Oraon (deceased) was sleeping in the courtyard. His wife Sukni Orain (PW 2) and mother Bhukhli Orain (deceased) were also sitting in the courtyard. At that time Kaila Oraon, son of his uncle (appellant no. 1 Jageshwar Oraon) died due to illness. Females of his house started weeping and crying in the courtyard. The courtyard of the informant and the courtyard of his uncle is common. The members of the family of the informant did not go to the house of the appellant only because there was long standing enmity regarding land dispute, pending between them. At that time, Villagers Lal Chand Oraon, Shyam Lal Oraon and Ram Briksh Oraon along with other females of the village were also there. Appellant Jageshwar Oraon was giving a Lalkar that his son was caused to death by Parmeshwar Oraon (deceased) due to playing exorcism on his son. He ordered his daughter -in -laws i.e. wife of Bino Oraon and Ram Kishun Oraon to bring Prameshwar dragging in his house. Both the daughter -in -laws took Parmeshwar dragging from the courtyared inside their house. Bino Orain (appellant no.3) and Ram Kishun Oraon (appellant no.2) pushed and pulled Parmeshwar and brought him out in their Angan. They were asking Parmeshwar to get Kaila Oraon alive otherwise let he also be murdered and his dead body be kept by the side of the dead body of Kaila Oraon. On these orders, all the three appellants, namely, Jageshwar Oraon and both his sons (appellant no. 2 Ram Kishun Oraon and appellant no. 3 Bino Oraon) assaulted on the head of Parmeshwar Oraon with Tangi and undried wooden flanks (Danda). When father of the informant fell down, then appellant no.1 Jageshwar Oraon crushed his head with wooden log. When Bhukhli Orain, mother of the informant, went to save him, then she was also assaulted on her head in similar manner, breaking her head. She also fell down and died. The appellants dragged both the dead bodies from Angan and took them inside their home and laid them by the side of the dead body of Kaila Oraon. Out of fear of being murdered, the informant fled away from the back door. In the morning he informed the Chowkidar Mangal Singh (PW3) whereupon he sent someone else to inform the police at the Police Station and he came to the house of the informant where the dead bodies were found. On the basis of the Fard -beyan (Ext.5) case was registered and formal F.I.R. (Ext.3) was drawn up. After investigation, the I.O. submitted chargesheet against Jageshwar Oraon, Ram Kishun Oraon, Bino Oraon, Laldeo Oraon, Shyam Lal Oraon and Ram Briksh Oraon, showing Rita Devi and Karmi Devi as absconders.

(3.) THE prosecution examined altogether ten witnesses in order to prove the charges levelled against the accused persons. PW 1 Biro Oraon is the informant, PW2 Sukni Devi is his wife whereas PW3 Mangal Singh is the Chowkidar, who was informed by the informant that his parents had been murdered. He went to the house of Biro and saw the dead bodies of his parents in the house of appellant Jageshwar Oraon, whose heads were crushed. He did not go to the Police Station to inform the police, whose house is at a distance of half kilometer away from the house of the informant. PW4 Kharidan Bhuiyan and PW5 Kali Singh have deposed nothing about the alleged occurrence. PW6 Ram Nandan Yadav is the seizure list witness in respect of two undried wooden flanks and one blood stained Tangi, which were seized and seizure list was prepared en which he signed (Ext.1/1). PW7 is the witness on inquest reports, prepared in his presence in respect to the dead bodies of Parmeshwar Oraon and his wife Bhukhli Orain, in carbon process by the I.O. Abu Nasar separately, in presence of him and another witness Susbedar Oraon, who signed on them (Exts.2 and 2/1 respectively). The inquest reports were prepared at the place of occurrence. He had also not gone to inform the police to the Police Station. PW 8 Baleshwar Singh, a formal witness, has proved the formal F.I.R. (Ext.3) in the pen and signature of S.1. laxmi Narayan Singh, Officer -in -Charge, Manika Police Station. PW9 Dr. Siddhnath has conducted the post -mortem examination on the dead bodies of Parmeshwar Oraon and Bhukhli Orain on 12.5.1990 at about 4.30 p.m. and 4.10 p.m. respectively and submitted Post Mortem Reports (Exts.4 and 4/ 1 respectively). PW 10 Sidheshwar Singh has proved the Fard -beyan (Ext.5), recorded by the Officer -in -charge A. Nasar on 12.5.1990.