BABULAL ORAON @ URAON Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been directed against the judgment, order of conviction and sentence as passed by the learned Additional Sessions Judge, 2nd Court at Jalpaiguri of the same district in Sessions case no. 33 of 1993 arising out G.R. case no. 104 of 1990 of the Sub- Divisional Judicial Magistrate, Alipore Duar of the said district which corresponds to Falakata Police Station case no. 20 of 1990 dated 10.02.1990 under Section 302/34 of the Indian Penal Code (hereinafter called as 'said Code').

(2.) The learned Trial Court was pleased to convict the six accused persons before him, namely, Babulal Oraon @ Uraon, Jogiram Tirki @ Tirkey, Sitaram Oraon @ Uraon, Sukra Oraon @ Dhapra Oraon @ Uraon and Prabhu Oraon as per order dated 05.02.2002 in respect of the charge under Section 302/34 of the said Code and sentenced them as per order dated 06.02.2002 to imprisonment for life and further sentenced them to pay a fine of Rs.2,000/- (Rupees two thousand only) each, in default to suffer simple imprisonment for three months for the said offence. It is hereby made clear that during the course of trial one convict, namely, Johan Oraon @ Uraon died and the case has been abated against him.

(3.) The fact which went for trial can be stated in brief thus : That on 10.02.1990 the de facto complainant of this case (since deceased) Somra Oraon, i.e., the father of the victim Mahabir Oraon went to Falakata Police Station at about 11:30 hours and lodged the FIR that his son, i.e., Mahabir was forcibly taken out from his house at 8 a.m. on that date by the convicts and that they assaulted the victim mercilessly by branches of trees which seriously injured the victim and he died instantly.