The court reaffirmed the conviction under Section 302/34, stating that when reliant on eyewitness testimony, the evidence must be credible, especially from related witnesses.

JUDGMENT :

Ananda Sen, J.

1. This Criminal Appeal arises out of the judgment of conviction dated 30.05.2002 and the order of sentence dated 31.05.2002 in Sessions Trial No. 172 of 1999 whereby and whereunder learned Additional District and Sessions Judge, Fast Track Court, Gumla convicted the appellants under Section 302 /34 of the INDIAN PENAL CODE and sentenced them to undergo RI for life.

2. It is pertinent to note here that appellant no. 1 Chhedu Oraon and appellant no. 2 Binay Oraon had expired thus the appeal so far as appellant nos. 1 and 2 is concerned stand abated vide order dated 26.11.2024 and now this appeal is confined to appellant no. 3 Ghasia Oraon.

3. The learned counsel for the appellant no. 3 submitted that the entire case is based on the testimony of PW11, who is an interested and related witness. Save and except this PW11 there is no other evidence to implicate this appellant in the case of murder. It is further submitted that as per the prosecution case the incident occurred at 8:00 PM at night but surprising there is no other eyewitness save and except PW11. It is strange that no villager even came to know about the said occurrence on the day of occurrence. The information to the police was not given immediately rather the police on the basis of some rumor reached the village on the next day morning. Then only the FIR was registered which would suggests that there was possibility that some other person had committed murder of the deceased and this appellant has been falsely implicated in this case. On this ground, prayer has been made to acquit this appellant.

4. The learned counsel for the State submitted that Ghasia Oraon along with other two appellants had common intention to kill the deceased Sohrai Uraon as there was previous enmity between the deceased and Chhedu Oraon regarding fund utilization in the construction of akhara from government fund. There is direct evidence to the occurrence. PW11 had seen the entire occurrence and had fully supported the prosecution case.

5. The prosecution’s case as per the fardbeyan of Birsai Uraon the informant (PW11) is that on 15.05.1999 at 8:30 p.m. his younger brother Sohrai Uraon (deceased) was not found in the house. On being asked by his father the informant went to look for him. When he reached near the house of Cheddu Oraon he saw that his brother was being assaulted by Chhedu Oraon, Ghasia Oraon and Binay Oraon, in front of the house of Chhedu Oraon with gupti (knife) and dhelpasa. He raised alarm on seeing this assault when his uncle Sanichar Uraon and others came out. Meanwhile all the named accused persons left the place of occurrence saying that they had already killed the deceased. It has been mentioned that the reason for the assault was that Chhedu Oraon was constructing an akhara from the money provided by the government when the deceased objected about the quality of the construction and questioned him an altercation had already taken place.

6. On the basis of fardbeyan of Birsai Uraon, FIR was registered being Gumla PS Case No. 85 of 1999 under section 302/34 of the INDIAN PENAL CODE . After investigation, chargesheet was against the appellant for the offence punishable under section 302/34 of the INDIAN PENAL CODE .

7. On the basis of chargesheet and materials available on record, cognizance was taken and case was committed to the Court of Sessions where charge was framed under section 302/34 of the INDIAN PENAL CODE and trial proceeded.

8. To prove the prosecution case, altogether 15 witnesses were examined by the prosecution, who are:-

i. PW1 :- Fulzens Lakra

ii. PW2 :- Jauri Urain

iii. PW3 :- Sugiya Devi

iv. PW4 :- Sanichar Uraon

v. PW5 :- Mangra Uraon

vi. PW6:- Bhadru Uraon

vii. PW7:- Gandra Uraon

viii. PW8:- Mangal Uraon

ix. PW9:- Gandur Uraon

x. PW10:- Mangru Uraon

xi. PW11:- Birsai Uraon

xii. PW12:- Sita Uraon

xiii. PW13:- Rama Uraon

xiv. PW14:- Dr. Kameshwar Nath Tiwari

xv. PW15:- Birendra Kumar, S.I.

9. Following documents have been exhibited :

i. Ext.1 – S