Jharkhand High Court
Paltu Oraon @ Marwa Oraon vs The State Of Jharkhand on 5 January, 2024
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay, Ambuj Nath
Cr. Appeal (D.B.) No. 598 of 2020
With
Cr. Appeal (D.B.) No. 1534 of 2017
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Against the judgment of conviction and order of sentence dated
06.06.2017, passed by Sri R. K. Mishra, the then learned Additional
Sessions Judge-VI, Gumla, in connection with Sessions Trial No. 76 of
2012, arising out of Gumla P.S. Case No. 344 of 2011, corresponding
to G. R. No. 1144 of 2011]
Cr. Appeal (D.B.) No. 598 of 2020
Paltu Oraon @ Marwa Oraon ... Appellant
-Versus-
The State of Jharkhand ... Respondent
With
Cr. Appeal (D.B.) No. 1534 of 2017
Gosai Oraon ... Appellant
-Versus-
The State of Jharkhand ... Respondent
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PRES ENT
HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
HON'BLE MR. JUSTICE AMBUJ NATH
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For the Appellant(s): M/s. A. K. Chaturvedy, Advocate
For the State : M/s. V. K. Vashistha, Spl.P.P.[Cr. Appeal (D.B.) No. 598 of 2020]
: M/s. Priya Shrestha, Spl.P.P. .[Cr. Appeal (D.B.) No. 1534 of 2017]
---------
C.A.V. On 14.02.2023 Pronounced on 05.01.2024
1. Heard Mr. A. K. Chaturvedy, learned counsel appearing for the
appellant(s) and Mr. V. K. Vashistha, learned Spl.P.P. [In Cr. Appeal
(D.B.) No. 598 of 2020] and Ms. Priya Shrestha, learned Spl.P.P. [In Cr.
Appeal (D.B.) No. 1534 of 2017]
2. The aforesaid appeals arise out of the same impugned judgment
of conviction and order of sentence. Accordingly, both these appeals
are being disposed of by a common judgment. These appeals have
been preferred against the judgment of conviction and order of
sentence dated 06.06.2017, passed by Sri R. K. Mishra, the then
learned Additional Sessions Judge-VI, Gumla, in connection with
Sessions Trial No. 76 of 2012, arising out of Gumla P.S. Case No. 344
Cr. Appeal (D.B.) No. 598 of 2020
With
Cr. Appeal (D.B.) No. 1534 of 2017
of 2011, corresponding to G. R. No. 1144 of 2011, whereby and
wherein, learned Additional Sessions Judge-VI, Gumla held the
appellants Paltu Oraon @ Marwa Oraon [Cr. Appeal (D.B.) No. 598 of
2020] and appellant Gosai Oraon [Cr. Appeal (D.B.) No. 1534 of
2017], guilty of offence under sections 302/34 of the Indian Penal
Code and thereby sentenced them to undergo imprisonment for life
along with a fine of Rs.20,000/-, in default of payment of fine both the
appellants were directed to further undergo simple imprisonment for
one year. 75% of the fine amount, if realized, was ordered to be paid to
the wife of the deceased Bhoja Oraon and in the event of her absence to
the legal heirs of Bhoja Oraon as compensation.
3. The prosecution case was instituted on the basis of fardbeyan of
the informant Birso Orain alleging therein that a day prior to the
occurrence at 6:00 p.m., there was some altercation between Bhoja Oraon
husband of the informant and the appellants. On the date of occurrence at
about 6:00 A.M., her husband had gone outside to meet call of nature.
She followed him, while on the way, she saw that both the appellants
were also following him. The appellant Paltu Oraon @ Marwa Oraon
was holding an axe. When Bhoja Oraon sat to ease himself, the appellant
Paltu Oraon @ Marwa Oraon gave 3-4 axe blows on the head of Bhoja
Oraon due to which he succumbed to his injuries and died at the spot.
Both the appellants fled away from the place of occurrence.
4. After investigation, police found the occurrence to be true and
submitted charge-sheet under sections 302/34 of the Indian Penal
Code. The learned C.J.M., Gumla after taking cognizance, committed
this case to the court of Sessions on 24.03.2012, as it was exclusively
triable by the court of sessions.
5. Charge was framed against the appellants on 31.01.2013 under
sections 302/34 of the Indian Penal Code. The contents of the charge
were read over and explained to them in Hindi to which they pleaded
not guilty and claimed to be tried.
6. In order to prove its case, the prosecution has adduced both oral
Cr. Appeal (D.B.) No. 598 of 2020
With
Cr. Appeal (D.B.) No. 1534 of 2017
and documentary evidence.
7. Birso Orain (P.W.1) is the informant of the case.
Luiya Oraon (P.W.2) is a hearsay witness. He reached the place of
occurrence on hulla and saw both the appellants running away from the
place of occurrence. He has identified his signature and that of Madan
Oraon on the fardbeyan which has been marked as Ext.- 1 serires. He
went to the place of occurrence on hulla. He has also identified his
signature on the fardbeyan which was earlier marked as Ext.1. He has
proved his signature on the seizure list relating to seizure of blood stained
mud and that of Charwa Oraon on the seizure list of blood stained mud
which are Ext.- 1 series.
Charwa Oraon (P.W.4) has been declared hostile.
Jogi Oraon (P.W.5) is also a hostile witness.
Tulsi Oraon (P.W.6) is a witness of seizure relating to seizure of
blood stained axe on the pointing out of appellant Paltu Oraon @ Marwa
Oraon from the house of the appellant Gosai Oraon. He has proved his
signature on the seizure list which has been marked as Ext.- 1 /5.
Dr. K. K. Mishra (P.W.7) has performed post-mortem on the dead
body of the deceased. He has proved the post-mortem report which has
been marked as Ext.-2.
Bishnu Dev Ram (P.W.8) is the investigating officer of this case, he
has proved the fardbeyan which is Ext.- 3. He has further proved the
carbon copy of the inquest report which is Ext.- 4. He has also proved the
confessional statement of the appellant Paltu Oraon @ Marwa Oraon
which is Ext.- 6. He has proved the seizure list relating to recovery of axe
which is Ext.- 7.
8. Statements of the appellants were recorded under Section 313
Cr.P.C. Defence is general denial of the occurrence and false
implication.
9. On the basis of the evidence, both oral and documentary,
available on record, Additional Sessions Judge-VI, Gumla held the
appellants guilty and sentenced them accordingly.
Cr. Appeal (D.B.) No. 598 of 2020
With
Cr. Appeal (D.B.) No. 1534 of 2017
10. Mr. A. K. Chaturvedy, learned lawyer appearing for the
appellants submitted that the informant is the sole eye witness of this
case. She is highly interested witness, as such conviction cannot be
sustained only on her evidence. It was further submitted that there is
major contradiction in the statement of the witnesses and the learned
trial court has not considered these contradictions. As such, it was
prayed that both these appeals be allowed and the appellants be
acquitted of the charge.
11. Mr V. K. Vashistha, learned Spl. P.P. and Mrs. Priya Shrestha,
learned Spl. P.P. have stated that the informant has been cross-examined
at length and she has withstood the test of cross-examination. It was
further submitted that the murder weapon was recovered from the house
appellant Gosai Oraon on the basis of confessional statement of the
appellant Paltu Oraon @ Marwa Oraon. This fact corroborates the oral
testimony of the informant Birso Orain. Accordingly, it was submitted
that the prosecution has been able to prove its case against the
appellants beyond the shadow of all reasonable doubt. Finally, it was
prayed that this appeal be dismissed.
12. Now, it has to be ascertained whether the prosecution has been
able to prove its case against the appellants beyond the shadow of all
reasonable doubts.
In order to come to the aforesaid finding, it has to be further
ascertained:-
(i) Whether the deceased Bhoja Oraon died a homicidal
death?
(ii) Whether the appellants had caused the homicidal death of
the deceased.
13. The case of the prosecution is that the appellants in furtherance of
their common intention had murdered Bhoja Oraon by inflicting axe
wounds due to which the deceased succumbed to his injuries. Birso Orain
(P.W.1) has stated that the appellant Paltu Oraon @ Marwa Oraon had
given 3-4 axe blows on the head of the deceased Bhoja Oraon due to
Cr. Appeal (D.B.) No. 598 of 2020
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Cr. Appeal (D.B.) No. 1534 of 2017
which he succumbed to his injuries. Luiya Oraon (P.W.2) has stated that
on hulla, he went to the place of occurrence and he saw the dead body of
the deceased lying in a pool of blood. He saw injury on right side of
head.
14. Madan Oraon (P.W.3) has stated that on 26.12.2011 at about 6:00
A.M., on hulla he went to the place of occurrence and saw the dead body
of deceased Bhoja Oraon, there were injuries on his neck and temple
region of head.
Bishnu Dev Ram (P.W.8) has stated at paragraph four of his
deposition that he has inspected the place of occurrence and saw the
blood stained body of Bhoja Oraon which was lying in a pool of blood.
He has proved the carbon copy of the inquest report which is Ext.- 4.
From the perusal of the carbon copy of the inquest report Ext.- 4, it
appears that injuries were found on the head and temple of the deceased
which were caused by sharp cutting weapon.
15. Dr. K. K. Mishra has performed the postmortem on the dead body
of the deceased and found the following injuries on his person:-
(i) Incised wound extending behind right ear to the nose 1" X 3".
Cutting muscles on right side of neck, Jugular veins and carotid artery.
(ii) Incised wound over middle of right side of neck 4"X1"X3".
(iii) Incised wound over right parietal-occipital region size
4"X1"X3".
According to this witness, all the injuries were ante-mortem in
nature and were caused by sharp and heavy cutting weapon like an axe.
The cause of death was due to the aforesaid injuries.
From the perusal of the postmortem report Ext.- 2, it transpires
that the finding of Dr. K. K. Mishra, in the postmortem report regarding
the nature of injuries and cause of death of the deceased Bhoja Oraon
fully corroborates his oral testimony made in the court during the trial.
16. From the aforesaid oral and documentary evidence, we come to a
finding that the injuries sustained by the deceased were neither
accidental nor self-inflicted and the deceased had died a homicidal death.
Cr. Appeal (D.B.) No. 598 of 2020
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Cr. Appeal (D.B.) No. 1534 of 2017
17. It is further the case of the prosecution that on the evening prior to
the date of occurrence, there was some altercation between the appellants
and Bhoja Oraon. On the morning of date of occurrence, the appellants
followed the deceased while he had gone out to meet call of nature.
While he was easing himself, the appellant Paltu Oraon @ Marwa Oraon
inflicted several axe blows on his head resulting in his death.
Birso Orain (P.W.1) has stated that the occurrence took place two
years ago. Her husband was murdered. There was some altercation
between her husband and appellant Paltu Oraon @ Marwa Oraon a day
prior to the occurrence. On the date of occurrence at about 6:00 A.M.,
her husband had gone to meet call of nature. She followed him. After
sometime, she saw that the appellant Paltu Oraon @ Marwa Oraon and
Gosai Oraon were also following him. Paltu Oraon @ Marwa Oraon was
carrying an axe in his hand. Paltu Oraon @ Marwa Oraon started
assaulting her husband, thereafter, they fled away. When she reached
near her husband she saw that he had sustained several head injuries. She
has stated that she raised hulla on which, the villagers came there. She
has identified the appellants in the dock. She has been cross-examined at
length. She has stated that she left her house at same time, when her
husband went to meet call of nature, she followed him. She saw the
appellants following him. She has further stated that her husband had
told her about the altercation with the appellants prior to the occurrence
and as such being apprehensive she was following her husband..
18. Luiya Oraon (P.W.2) stated that just after the occurrence he went
to the place of occurrence, he saw that the appellant Paltu Oraon @
Marwa Oraon running away from the place of occurrence, he was
holding an axe in his hand. He has identified both the appellants in the
dock.
He has also been cross-examined at length. In his cross-
examination he has stated that on hulla, he went to the place of
occurrence and saw the appellant Paltu Oraon @ Marwa Oraon fleeing
from there. Birso Orain was also present there.
Cr. Appeal (D.B.) No. 598 of 2020
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Cr. Appeal (D.B.) No. 1534 of 2017
19. Bishnu Dev Ram (P.W.8) is the investigating officer of this case.
He has proved the place of occurrence which is a barren land in village
Nawatoli. He has stated that he reached the house of the appellant Paltu
Oraon @ Marwa Oraon and Gosai Oraon. Paltu Oraon @ Marwa Oraon
confessed his guilt and his confession was recorded in the presence of
witnesses. He has proved his confession which is Ext.- 6. He has further
stated that on the basis of confessional statement of Paltu Oraon @
Marwa Oraon and on his pointing out, blood stained axe was recovered
from the house of Gosai Oraon. He has proved the seizure list relating to
the recovery of blood stained axe which is Ext.- 7.
From the perusal of the seizure list relating to recovery of blood
stained axe which is Ext.- 7, it transpires that on 26.12.2011 at about
11:00 A.M., a blood stained axe was recovered from the house of
appellant Gosai Oraon in the presence of the witnesses Jogi Oraon and
Tulsi Oraon . A copy of the same was given to the appellants.
From the aforesaid oral and documentary evidence, it is evident
that the informant Birso Orain had supported her case that on the date
and time of occurrence, both the appellants had followed her husband
when he had gone to ease himself. She has also supported the fact that
the appellant Paltu Oraon @ Marwa Oraon inflicted several axe blows
on the head of her husband due to which he succumbed to his injuries.
There is nothing in her cross-examination to doubt her veracity. Her
presence at the place of occurrence is corroborated by Luiya Oraon
P.W.2.
Witness Luiya Oraon (P.W.2) has stated that he reached the place
of occurrence and he saw that appellant Paltu Oraon @ Marwa Oraon
was running away from the place of occurrence holding an axe in his
hand. The investigating officer Bishnu Dev Ram (P.W.8) has stated that
during the course of investigation he apprehended both the appellants.
The appellant Paltu Oraon @ Marwa Oraon confessed his guilt and on
his confession a blood stained axe was recovered from the house of
appellant Gosai Oraon.
From the aforesaid fact, it is evident that the oral testimony of the
Cr. Appeal (D.B.) No. 598 of 2020
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Cr. Appeal (D.B.) No. 1534 of 2017
witness Birso Orain that both the appellants were present at the place of
occurrence and the appellant Paltu Oraon @ Marwa Oraon had assaulted
the deceased Bhoja Oraon is corroborated by material particulars.
In view of the aforesaid facts; we are of the opinion that the
prosecution has been able to prove its case against the appellants beyond
all reasonable doubt.
Learned court below had rightly come to a finding regarding the
guilt of the appellants for committing murder of the deceased Bhoja
Oraon.
The judgment of conviction and order of sentence passed by the
learned trial court does not require any interference. This appeal is
dismissed.
20. Pending I.A., if any, also stands disposed of.
(Rongon Mukhopadhyay, J.)
(Ambuj Nath, J.)
Jharkhand High Court, Ranchi.
Saurabh/ NAFR
