- (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 4.2.1993 passed against the accused -appellant under Section 302 of the Indian Penal Code sentencing him to undergo imprisonment for life.
(2.) THE brief facts of the case are that the deceased, Bishram Oraon had been working in the Forest Department as a peon posted in Buxidipa. He had been living in the Forest Colony along with his family members. It is stated in the furdbeyan that on 27.12.1991 at about 4 pm, the deceased, Bishram Oraon, a peon of the Forest Department, along with his children and wife went to Ushpa market at Lohardaga on the rickshaw of Hauwa Oraon, PW 1. They purchased certain household articles there and returned to their house on the same; rickshaw. Immediately after dropping his children and wife in the house situated in the Forest Colony, he left his house along with Hauwa Oraon, PW 1, the rickshaw puller stating to his wife that he would come late in the right. The wife of the deceased, Sukri Orain, PW 6, the informant, waited for her husband throughout the light but when he did not return to his house, in the morning, she started searching her husband. At about 6 a.m. on 28.12 1991, she went about five hundred yards away towards North of her house and she found that her husband was lying dead near Jatratanr on Lohardaga -Gumla road. Thereafter, she went to the house of rickshaw pullar. Hauwa Oraon, PW 1 and she found that the said rickshaw puller was not present in his house but the rickshaw was standing there. Thereupon, a doubt arose in her mind that the rickshaw puller. Haiwa Oraon, PW1 is involved in the commission of the murder of her husband along with other persons. She then immediately started going to the police station but during the course of her journey to the the police station the officer incharge me her in the way and she gave her statement narrating the incident to him which was recorded as furdbeyan -Ext. -2 by the police. On the basis of the said furdbeyan, the FIR was recorded at the police station at about 7:15 a.m. The police, thereafter, started investigation, reached the spot, prepared the inquest and sent the dead body to the hospital for autopsy. The Investigating Officer took the statement of the informant under Section 161 Cr.P.C and the investigation culminated in the submission of charge -sheet against the accused -appellant. The charge -sheet was submitted before the Magistrate who took recognizance of the offence. He committed the case to the Court of Session as it was exclusively triable by a Court of Sessions. The Trial Court framed charges against the accused -appellant who denied all the charges leveled against him and claimed to be tried for the charge leveled against him.
(3.) THE prosecution, in support of its case, examined 8 witnesses. PW -I, is Hauwa Oraon, the rickshaw puller who has claimed to be present at the place of incident immediately before the deceased was murdered. Subhash Oraon, Mangra Oraon, Soma Oraon and Jaimangal Oraon are Pws 2, 3, 4 and 5 respectively. According to the prosecution, they are the witnesses of the fact that in the house of Soma Oraon, PW4 the accused -appellant. Sheo Dayal Oraon along with other persons assembled to take liquor and the accused -appellant threatened the deceased, Bishram Oraon to commit his murder as he had not paid Rs. 3/ - in lieu of the liquor. These witnesses did not support the prosecution story during the trial and, as such, they have been declared hostile. PW -4 Soma Oraon is the person in whose house the accused -appellant. Sheo Dayal Oraon as well as the deceased, Bishram Oraon had assembled along with other persons and they all consumed liquor in the company of the persons present there and there was a hot exchange of words in between the accused -appellant and the deceased, Bishram Oraon. PW -6, Sukri Orian is the wife of the deceased who accompanied the deceased in the market along with her children and thereafter they came back to their house. Her husband, Bishram Oraon, the deceased, told his wife that he would come late in the night and proceeded with Hauwa Oraon, PW1. When the deceased did not return to his house in the night, the informant. PW 6 made a thorough search of her husband in the morning. At about 6 a.m. she found that the deceased was lying dead near the road. PW -7 is the Doctor Vidya Vinod Prasad who, at the relevant time, was posted in the Civil Hospital, Lohardaya. He concocted the autopsy on the dead body of the deceased Bishram Oraon. PW -8 Balram Tiwary is the Investigating Officer of the case.;