S.J.MUKHOPADHAYA, J. - (1.) BY the impugned judgment and order dated 14th January, 2000 passed by learned 5th Additional Judicial Commissioner, Ranchi in Sessions Trial no. 257 of 1997, the appellants have been convicted u/s. 302/34 of the I.P.C. and sentenced to undergo rigorous imprisonment for life.
(2.) THE case of the prosecution, as per informant, Jagni Orain (P.W.3) is that the occurrence took place on 29th June, 1996. On the said date at about 6 P.M. her husband, Ram Oraon (deceased) had gone to bring rice from rice mill in his by -cycle along with his son, Lakhwa Oraon (P.W.4) and Bachan Oraon (P.W.5). She was waiting for her husband near a Kaathal (jack fruit) tree in front of her house. At about 7 P.M., she heard alarm raised by her husband (deceased) and rushed towards the road. On the way, she met her son, Lakhwa Oraon, who tofd her that the accused, Etwa Oraon and Somre Oraon were assaulting his father, Ram Oraon by tangi (axe). She saw her husband lying on the ground and bleeding from his neck. The accused were fleeing with tangi in their hands. She further stated that she saw the accused giving blows on the head of her husband and slitting his neck. They also chased her and her sons. Her husband succumbed to the injuries at the spot. The reason for occurrence was stated to be enmity as the accused were in litigating terms with her husband. Earlier also the accused assaulted her husband but he escaped at that time. The prosecution case rests on the testimony of two eye witnesses, namely, P.W. 3, Jagni Orain (informant), widow of the deceased and P.W. 4, Lakhwa Oraon, a minor son of the deceased. Apart from them, six other witnesses were examined out of whom, PW -1, Mangra Oraon, PW -2, Birsa Oraon and PW -7, Khade Oraon were declared hostile by the prosecution but PW -1, Mangra Oraon and PW -2, Birsa Oraon proved their signatures put on the inquest report. Bachan Oraon (P.W.5), a minor 5 year old son of informant being not found fit for deposition, his evidence was not taken by the Court. Rest two witnesses were PW -6, Abdul Majid, the I.O. and PW -8, Dr. Ajit Kr. Choudhary, Medical Officer, who did autopsy on the body of the deceased. Counsel for the appellants submitted that P.W.4, Lakhwa Oraon being minor son of the deceased, his testimony is unreliable. The testimony of other witness, namely, P.W. 3, Jagni Orain (informant) cannot be relied, she being interested witness.
(3.) P .W 3, Jagni Orain and P.W.4, Lakhwa Oraon being eye witnesses, it is desirable to notice their deposition as well as other relevant evidence. According to informant (P.W.3), incidence took place about 1 1/2 year back on a Saturday evening. She was sitting below a jack fruit (kathal) tree and waiting for her husband. When her husband, Ram Oraon was coming on a by -cycle along with his son, Lakhwa Oraon (P.W.4) after husking rice and mahua from the rice mill and reached the main road, her husband raised alarm. On hearing alarm, she rushed towards the place of occurrence. On the way, she met her son, Lakhwa Oraon (P.W.4), who told that the accused, Sahdeo Oraon, Somre Oraon and Etwa Oraon were assaulting his father by tangi. She went and saw that the accused were assaulting her husband by tangi. The accused, Sahdeo Oraon was fleeing away after slitting his neck; he died on the spot.;