- (1.) The sole appellant Sitaram Oraon alias Situa Oraon has preferred this appeal challenging the judgment and order of conviction and sentence dated 29.6.1995 and 1.7.1995 respectively, passed by the learned 8th Additional Judicial Commissioner, Ranchi, in Sessions Trial No. 395 of 1994, whereby, he has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.
(2.) THE prosecution case, as per the First Information Report (Ext. 4), based on the fardbeyan of the informant Sukarao Devi (PW 1), wife of deceased Pahna Oraon, is that on 15.11.1993 at 3.00 p.m. while she was at her home at Village - Harchanda, Police Station -Ormanjhi, District -Ranchi, along with her son Suman Oraon (PW 2), aged about 12 years, and was standing in an open space, saw that her husband Pahna Oraon (deceased) along with younger son Sunil Oraon (PW 4), aged about 10 years, was standing near a kathal tree towards south at a distance of 500 yards and witnessing goti game, played by the children. At that time her villagers Ashmu Oraon, Jugeshwar Oraon and Sita Ram alias Situa Oraon went near her husband. Accused Ashmu Oraon ordered to kill him (Pahna Oraon). Then this appellant Sita Ram alias Situa Oraon took out a pistol, concealed in his waist, and fired causing injury on the temporal region of her husband. On being injured her husband fell down and then all the accused fled away. She and her son Suman Oraon (PW 2) rushed to the place of occurrence and saw her husband dead. All the assailants were chased but they could not be apprehended. The alleged occurrence took place only due to long standing land dispute, including proceedings under Sections 107 and 144 of the Code of Criminal Procedure. In course of trial learned Court below acquitted Jugeshwa Oraon and Ashmu Oraon whereas the sole appellant was convicted and sentenced, as mentioned above.
(3.) IN the present case, the eye -witnesses are the informant Sukaro Devi herself, her son Suman Oraon (PW 2) and another son Sunil Oraon (PW 4). PW 7 Raghav Raman and PW 9 M.R. Mehta are the Investigating Officers whereas PW 8 is Dr. Niranjan Minz, who has conducted post -mortem examination on the dead body of Pahna Oraon.;