LATHE ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant is aggrieved of the judgment of conviction under section 302 IPC and order of sentence, both dated 23.01.1993 passed in Sessions Trial No. 653 of 1989.

(2.) By an order dated 12.02.1993, the appellant was released on bail.

(3.) On the basis of the fardbeyan of Fagu Naik-informant, a first information report vide Doranda P.S Case No. 91 of 1989 was registered for the offence under section 307, 448 and 324 IPC. Subsequently, the offence under section 302 IPC was added vide order dated 20.03.1989 against the accused-appellant. The informant has claimed that when he was standing along with several villagers near the house of Damini Orain they found that Damini Orain and Kukri Orain were crying for help whereupon they rushed to their house. They have seen the accused-Lathe Oraon assaulting Damini Orain and Kukri Orain with the blunt portion of a spade. When the accused tried to flee away he was chased by the villagers and apprehended. The reason why the accused has assaulted Damini Orain and Kukri Orain is said to be the case lodged by Damini Orain for murder of her son allegedly by the accused-appellant.