Cri. Appeal No. 335 of 1998. Case: Fagu Oraon Vs State of Bihar. Jharkhand High CEGAT & CESTAT High Court

Case NumberCri. Appeal No. 335 of 1998
CounselFor Appellant: Pankaj Kumar Mahto, Adv. and For State: Aloke Lal, APP.
JudgesN. Dhinakar, C.J. and R. R. Prasad, JJ.
IssueIndian Penal Code (45 of 1860) - Section 300
Citation2006 CriLJ 3566
Judgement DateMay 09, 2006
CourtJharkhand High CEGAT & CESTAT High Court


  1. The appellant, Fagu Oraon, was tried and convicted under Section 302 I.P.C. He was sentenced to imprisonment for life. The allegation against him is that at 10.00 p.m. on 15-7-1995, he beat the deceased Jitbahan Yadav, the uncle of P.W. 9 Lalmohan Yadav, with lathi on account of prior motive. The trial Judge, finding the appellant guilty, sentenced him to imprisonment for life. The appeal is against the said conviction and sentence.

  2. There was a land dispute between the deceased Jitbahan Yadav and the accused appellant Fagu Oraon. This is said to be the motive for the occurrence. On 15-7-1995, Jitbahan Yadav accompanied by his nephew, P.W. 9 Lalmohan Yadav, was proceeding to village Lalpur from village Kundo after visiting P.W. 2 Deo Mohan Yadav, who is the brother of P.W. 9. When the deceased and P.W. 9 were at Jogi Garden, P. W.9 sat down to pass urine. Jitbahan Yadav was waling and walked to a distance 10-15 yards. At that time, appellant Fagu Oraon accompanied with two other unknown persons reached the place and the appellant beat the deceased with a lathi. On seeing this, P.W. 9 questioned him and he was also beaten. On being beaten, P.W. 9 ran from the place to village Kundo where he informed his brother Deo Mohan Yadav (P.W.2). Thereafter P.W. 2 and P.W. 9 along with other villagers returned to the place where Jitbahan Yadav was beaten. They found Jitbahan Yadav with bleeding injuries. Villagers removed Jitbahan Yadav to Gumla State Dispensary for treatment. The Medical Officer-in-charge of Gumla State Dispensary sent O. D. Slip to the police station, on receipt of which P.W. 10, Bishamber Jha, after making station entry in the Station Diary, went to Gumla State Dispensary where, finding P.W. 9, questioned him. P.W. 9 gave a statement, Ext. 4 and the said complaint, Ext. 4, was registered at the police station as a crime. Investigation in the crime was conducted by P.W. 10, who proceeded to the hospital and on being informed that Jitbahan Yadav died while undergoing treatment, conducted inquest by preparing inquest report, Ext. 5. The Officer also issued requisition requesting the Doctor to conduct autopsy.

  3. On receipt of the requisition, P.W. 3, Dr. Hemant Kumar, conducted autopsy on the dead body of Jitbahan Yadav and he found the following injuries:-

    "1. Lacerated injury size 3´´ x 1´´ x bone deep over posterior part of parietal region of the head.

  4. Bruise size 1´´ x 1´´ over left side of forehead with fracture...

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