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IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Appeal (D.B.) No. 98 of 1994 (R)

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(Against the judgment of conviction and order of sentence dated 26.04.1994

passed by the Additional Judicial Commissioner/Addl. Sessions Judge, Lohardaga

in S.T.No. 642 of 1989/03 of 1991 arising out of Kuru P.S. Case No. 58 of 1989).

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Soma Oraon son of Late Ganga Oraon, resident of Kolsimri Roneyatoli,

P.S. Kuru, District-Lohardaga

…

…

…Appellant

-Versus-

The State of Bihar

…

…

…Respondents

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P R E S E N T

HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

HON’BLE MR. JUSTICE SUBHASH CHAND

For the Appellant:

Ms. Aparajita Bhardwaj, Amicus Curiae.

For the State:

Ms. Vandana Bharti, A.P.P.

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C.A.V. on 11.01.2023

Pronounced on 17. 01.2023

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Per Subhash Chand, J.

The instant Criminal Appeal is directed against the judgment of conviction

and order of sentence dated 26.04.1994 passed by the Additional Judicial

Commissioner, Lohardaga in S.T. No. 642 of 1989/03 of 1991 whereby and whereunder

the appellant has been convicted and sentenced to undergo rigorous imprisonment for

life for the offence committed under Section 302 of the Indian Penal Code.

2.

The brief facts of the prosecution case leading to this appeal are that the

informant Shuku Oraon had given written information on 04.08.1989 to the Police

Station concerned with these allegations that on 04.08.1989 at 2 p.m. his son Dashrath

Oraon had gone to his agricultural field Pelapeli Don to repair “Aal” of his agricultural

field.

3.

Daughter-in-law of the informant namely Baria Oraon was also cutting

grass in the nearby field. The informant had also gone to respond the call of nature

towards his field. He heard “hulla” of his daughter-in-law Baria Oraon and rushed

towards the field and saw accused Soma Oraon fleeing away armed with “Kudal”

towards east. The informant further saw his son Dashrath Oraon lying in the field whose

neck was cut and was dead. Baria Oraon had told him that there was dispute between

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Dashrath Oraon and Soma Oraon on the issue of cutting and repairing “Aal” in the

agricultural field. She also told that accused Soma Oraon had pushed Dashrath Oraon

whereby he also fell down and assaulted him with “Kudal” and ultimately fled away.

4.

It is also stated that on hearing hue and cry Mahadeo Oraon and others

who were working in the nearby the field also came there. Mini Orain, Sabitri Kumari,

Bande Oraon and Mangra Oraon also reached at the place of occurrence where he and

Baria Oraon also told them in regard to occurrence. He also informed to the Chowkidar

Jatru Oraon and went along with him to the police station on the same day and he

reported the matter and the F.I.R. was lodged against Soma Oraon under Section 302

of the Indian Penal Code with the police station concerned on case crime No. 58 of

1989. Investigating Officer after having concluded the investigation, filed charge-sheet

against accused Soma Oraon for the offence under Section 302 of the I.P.C. to the court

of C.J.M. concerned who took cognizance on the same and committed the case to the

court of sessions for the trial. The court of sessions transferred the same to the

Additional Sessions Judge, Lohardaga.

5.

The Trial Court framed charge against the accused for the offence under

Section 302 of the Indian Penal Code, who denied the charge and claimed to face the

trial.

6.

On behalf of the prosecution to prove charge against the accused,

examined 15 witnesses in oral evidence. P.W. 1 Biren Oraon, P.W. 2 Baria Oraon, P.W.3

Suku Oraon, P.W.4 Bande Oraon, P.W. 5 Dr. Kant Kumar Kujur, P.W.6 Mahadeo Oraon,

P.W.7 Sabitri Oraon, P.W. 8 Mini Oraon, P.W.9 Lothe Oraon, P.S. 10 Dasai Oraon, P.W.

11 Mangra Oraon, P.W. 12 Shivaji Prasad