1. Lala Oraon son of late Rama Oraon 2. Ropa Oraon son of Hatwa v. The State of Bihar
Case Details
Criminal Appeal (D.B.) No. 87 of 1997 (R) Against the judgment and order of conviction and sentence dated 25.04.1997 (sentence passed on 26.04.1997) passed by Sri Pradeep Kumar, learned Additional Sessions Judge, Gumla in S. T. No. 228 of 1986. --- 1. Lala Oraon son of late Rama Oraon 2. Ropa Oraon son of Hatwa Oraon Both residents of Village Silambartoli, PS Raidih, District Gumla … … Appellants Versus The State of Bihar (now Jharkhand) … … Respondent --- For the Appellant For the Respondent : Mr. Jai Shankar Tripathi, Advocate : Mrs. Priya Shrestha, Special P.P. --- Present: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON’BLE MR. JUSTICE ARUN KUMAR RAI --- Per, R. Mukhopadhyay, J. Heard Mr. Jai Shankar Tripathi, learned counsel for the appellant and Mrs. Priya Shrestha, learned Special P. P. for the State. 2. This appeal is directed against the judgment and order of conviction and sentence dated 25.04.1997 (sentence passed on 26.04.1997) passed by Sri Pradeep Kumar, learned Additional Sessions Judge, Gumla in S. T. No. 228 of 1986 whereby and whereunder the appellants have been convicted for the offence under Section 302/34 of the I.P.C. and have been sentenced to imprisonment for life. 3. The prosecution case arises out of the fard beyan of Budhu Oraon wherein it has been stated that there was a litigation between the informant and Naro Oraon, Lala Oraon, Budheshwar Oraon and Ropa Oraon and a decree was passed after which the informant and others were assaulted for which a separate case is going on in Gumla and it has been alleged that the cousin brother of the informant namely Budhram Oraon was working in the field and when the informant reached the field, he saw Naro Oraon, Lala Oraon, Budheshwar Oraon and Ropa Oraon coming with Balua and Tangi. It has further been alleged that Budheshwar Oraon had felled him on the ground by giving a Tangi blow on his leg. All the accused persons started assaulted him with Tangi and Balua. The informant had ran towards his house on seeing the assault and informed Baldeo Oraon, Ram Lagan Oraon, Birsu Oraon and others and all went to the place of occurrence where Budhram Oraon was found dead. Based on the aforesaid allegations, Raidih P. S. Case No. 36 of 1985 was instituted. On completion of investigation, charge-sheet was submitted and after cognizance was taken, the case was committed to the court of Sessions where it was registered as S. T. No. 228 of 1986. Charge was framed against the accused persons under Sections 302/34 of I.P.C. which was read over and explained to them in Hindi to which they pleaded not guilty and claimed to be tried. 4. The prosecution has examined as many as 13 witnesses in support of its case. 5. P.W. 1 – Digambar Ohdar had identified the signature and hand-writing of the Officer Incharge, Raidih Police Station which has been marked as Exhibit 1. 6. P.W. 2 – Somra Oraon has stated that when he was going to the field to plough, he saw Naro Oraon, Lala Oraon, Budheshwar Oraon and Ropa Oraon standing in the ridge of Karma’s field. When he went ahead, he saw the accused persons assaulting Budhram Oraon. Naro and Ropa Oraon were assaulting Budhram with Balua whereas Budheshwar and Lala were assaulting him with Tangi. When Budhram fell down in the field of Karma, all the accused persons started assaulting him. Budhram was assaulted below the waist. When the family members of Budhram arrived, all the accused persons had fled away. In cross-examination, he has deposed that Budhram is his cousin brother. On a court question, he has stated that he had witnessed the occurrence from a distance of 100-150 yards. He had seen the occurrence for one hour and thereafter he returned to his field. The distance between his field and the field of Karma is 2 meters. 2 7. P.W. 3 – Temba Oraon has stated that on the date of occurrence, he was near his house and the time was early morning during sunrise when he heard some commotion and when he went towards the source of commotion, he saw Lala, Naro, Ropa and
Legal Reasoning
Budheshwar fleeing away with arms. When he went to see Budhram, he was already dead by then and there was a mark of injury below his waist. The distance from the place of occurrence to his house is 150-200 yards. In cross-examination, he has deposed that he had not heard any sound of alarm when the accused persons had passed through his house, but one minute thereafter, he heard a cry of alarm. The house of the accused persons is adjacent to the house of the deceased. When he reached the field of Karma, the sun was rising in the horizon. On further examination, he has stated that on the search of the house of Lala Oraon, police had seized a Balua and a seizure list was prepared. 8. P.W. 4 – Baldeo Oraon has stated that it was 6:00 A.M. and he was in his house when Budhu Oraon had come and stated before him that in the field of Karma, Budheshwar Oraon, Naro Oraon, Lala Oraon and Ropa Oraon were assaulting his father. At this he, his brother – Ram Lagan Oraon and Birsu Oraon along with his mother Chariya Oraoin had rushed to the place of occurrence, where they saw Naro and Lala with Balua and Budheshwar and Ropa with Tangi were committing assault upon his father. When the accused persons were confronted as to why they were committing such assault, they had fled away. His father died in the field itself. After the police arrived, the fard beyan of Budhu was recorded. In 1986, Budhu had gone out of village for work and thereafter there is no trace of him. The accused persons had committed murder of father of Budhu due to previous enmity on account of long standing land dispute. In cross-examination, he has deposed that when they rushed to the place of occurrence, his father was lying in the field and assault was being committed. The distance between his house and the place of occurrence is 300-400 yards. The people of the locality reached the place 3 of occurrence after he, his brother and mother had reached. He had found 16 injuries on the person of his father. On recall for cross-examination, he has proved the signature of Dala Oraon on the inquest report which has been marked as Exhibit 2/1. In cross-examination, he has deposed that he had not signed on the inquest report. 9. P.W. 5 – Birsu Oraon had stated that it was early morning and he was in his house when his uncle Budhu came running and informed that the accused persons are assaulting his father at which he and his two brothers as well as his mother rushed to the place of occurrence and saw Lala and Naro assaulting his father with Balua while the other two accused persons were assaulting him with Tangi. When they reached the place of occurrence, the accused persons had fled away. His father had died at the spot. The police had not recorded his statement. The incident had occurred due to previous enmity on account of a land dispute in which the case instituted was decided against the accused. In cross-examination, he has deposed that no person of the locality had accompanied him when they rushed to the place of occurrence. At the time of the incident, the sun was just rising in the horizon. When he had reached the place of occurrence, his father was already lying on the ground. 10. P.W. 6 – Chamra Khariya has stated that it was 6:00 A.M. and he was going to Silam bus station to catch a bus to Ranchi and when he reached near Bartoli, he had seen Naro Oraon, Lala Oraon, Budheshwar Oraon and Ropa Oraon armed with Balua and Tangi running towards his house. When he reached the place of occurrence, he had seen Budhram Oraon @ Koda Oraon lying injured on the ground with his left limb severed from his body. Baldeo Oraon and Ram Lagan Oraon had disclosed that their father had been murdered by Naro and Lala. He thereafter caught a bus and went to Ranchi. In cross-examination, he has deposed that he knows the accused for the last 14-15 years. When he had seen the dead body, there were 4 several persons present including Baldeo, Ram Lagan Oraon, Temba Oraon and others. 11. P.W. 7 – Ram Lagan Oraon has stated that on the date of occurrence, he and his brother were in his house and their father had gone towards the field. Budhu was going to plough his field, when he saw his father being assaulted and Budhu immediately rushed to his house and disclosed that Lala, Budheshwar, Naro and Ropa were assaulting his father. On such disclosure, he and his other brothers rushed to the place of occurrence where they saw the accused persons assaulting their father with Balua and Tangi. His father fell down and his left leg was severed from his body. The body of his father was taken out of the field. In cross-examination, he has deposed that no one else was present when they reached the place of occurrence. His statement and the statements of his brothers were recorded by the police. 12. P.W. 8 – Mikhail Oraon has stated that on 14.08.1985 in the morning the son of Budhram had informed that Budhram has been murdered. He had gone to Bartoli and had seen the body of Budhram. The police has come and prepared the inquest report and sent the dead body for post mortem to Gumla. He had brought the dead body to Sadar hospital. 13. P.W. 10 – Budhu Oraon has stated that about 6 years back, on a Wednesday he was going at 6:00 A.M. to plough his field and as soon as he reached the Kusum tree near the kitchen garden of Paulus, he saw Budhram being surrounded by Naro Oraon, Budheshwar Oraon, Lala Oraon and Ropa Oraon. Budheshwar Oraon had given a Tangi blow on the leg of Budhram as a result of which Budhram fell down after which Naro and Lala assaulted Budhram with Balua while Budheshwar and Ropa assaulted him with Tangi. He had seen the occurrence from a distance of 50 yards. On seeing the assault, he had rushed towards the house of Budhram and informed the incident to Baldeo Oraon, Birsu Oraon and Ram Lagan. The deceased Budhram was his cousin brother. There was a land dispute between the Budhram (deceased) and the 5 accused persons. He had informed the police about the occurrence and his fard beyan was recorded by the police. In cross-examination, he has deposed that the sun had just arisen at the horizon. He had seen the assault for 10 minutes and thereafter gone to the house of Budhram and raised an alarm. After Budhram fell down, the accused persons had committed indiscriminate assault upon Budhram. 14. P.W. 11 – Birnath Pandit was the Officer-in-Charge of Raidih Police Station and on 14.08.1985 Budhu Oraon had come to the police station at 7:30 A.M. and informed about the occurrence. He had recorded the fard beyan of Budhu Oraon which has already been marked as Exhibit 1. After taking over of investigation he had recorded the re- statement of the informant, inspected the place of occurrence and prepared the inquest report. He had seized the blood stained earth from the place of occurrence and had prepared the seizure list which has been marked as Exhibit 3. The place of occurrence is the agricultural field of Karma Oraon in Silambartoli village. The accused Lala Oraon had appeared before him at the place of occurrence and produced a Balua which was seized and a seizure list was prepared which has been marked as Exhibit 4. The blood soaked earth and Balua were sent to Forensic Science Laboratory, Patna for examination. On completion of investigation, charge-sheet was submitted by him. In cross-examination, he has deposed that the witness Baldeo Oraon has stated that when he reached the place of occurrence, the accused persons had fled away. The witness Ram Lagan Oraon had not stated before him that when he reached the place of occurrence, he had seen all the four accused persons assaulting the deceased. A similar statement was given by Birsu Oraon. He does not know as to whether any report has been received from the Forensic Science Laboratory, Patna or not. 15. P.W. 12 – Victor Oraon had proved the statements under Section 164 Cr.P.C. of Chamra Kharia, Somra Oraon and Gauri Orain which have been marked as Exhibit 5, 5/1 and 5/2 respectively. 6 16. P.W. 13 – Parsu Ram Singh has proved the post mortem report which has been marked as Exhibit 6. 17. The statements of accused persons were recorded under Section 313 Cr.P.C. in which they have denied their complicity in the murder. 18. It has been submitted by Mr. Jai Shankar Tripathi, learned counsel for the appellant that that none of the prosecution witnesses are eye-witnesses to the occurrence and they have developed their case during trial. In fact the witnesses had reached the place of occurrence after the assault had already been committed. It has been submitted that no report has been received from the Forensic Science Laboratory, Patna to ascertain as to whether the Balua seized from Lala Oraon was used in the murder. It has also been submitted that it was not even dawn when the incident had occurred and this creates a reasonable doubt about the identity of the appellants. 19. Mrs. Priya Shrestha, learned Special P. P. has relied upon the evidence of P.W. 2, P.W. 4, P.W. 5, P.W. 7 and P.W. 10 while submitting that these witnesses have stated about seeing the concerted assault committed by the accused persons upon Budhram Oraon which resulted in his death and such indiscriminate assault has been corroborated by the post mortem report. 20. We have heard the learned counsel for the respective parties and have also perused the trial court records. 21. The assault committed upon the Budhram Oraon was witnessed by the informant (P.W. 10) who rushed to the house of Budhram Oraon and informed his family members at which the sons of Budhram Oraon being – P.W. 4, P.W. 5 and P.W. 7 went to the place of occurrence and had seen the assault upon their father continuing. All the appellants were assaulting with Tangi and Balua. On seeing P.W. 4, P.W. 5 and P.W. 7, the appellants had fled away. Apart from these witnesses, P.W. 2 had also seen the assault. All these witnesses have been consistent in the manner of assault and the participation of the appellants in committing such assault upon Budhram Oraon who died at the spot. No contradiction has been elicited by the defence in cross-examination of 7 these witnesses. The brutality of the assault can be fathomed from the post-mortem report as a number of injuries were found on the person of the deceased which also supports the eye-witness account of the indiscriminate assault committed by the appellants upon the deceased. Though, learned counsel for the appellants has harped upon previous enmity between the parties as a reason for false implication, but in view of the overwhelming nature of evidence of the eye-witnesses, the motive so addressed by the learned counsel for the appellants will hardly be of any consequence. The prosecution has been able to establish its case and the participation of the appellants in the murder of Budhram Oraon beyond any reasonable doubt. The learned trial court has appropriately considered the evidence on record while arriving at a finding of guilt against the appellant. We do not find any reasons to conclude otherwise
Decision
and consequently we dismiss this appeal. 22. The appellants are directed to surrender before the learned trial court immediately and forthwith to serve out their sentence. (Rongon Mukhopadhyay, J.) (Arun Kumar Rai, J.) Jharkhand High Court at Ranchi The 27th day of November,2024 R.Shekhar/NAFR/Cp.3 8