MANGAR ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the order of conviction recorded by 6th Additional Sessions Judge, Palamu at Daltonganj vide his judgment dated, 26-8-1994 in Sessions Trial No. 253 of 1988 through which the sole appellant was convicted and sentenced to undergo rigorous imprisonment for 10 years under Section 304 of the Indian Penal Code.

(2.) The facts in short giving rise to this appeal is that on 16-10-1985 at about 11 a. m. the deceased Dhanu Oraon along with Rati Oraon, the Informant and his family members, namely, Samudari Devi (PW 4), Mangari Devi (PW 1), and Ram Dayal Oraon (PW 3) cut the grown paddy over a piece of land belonging to Dhanu Oraon situate by the side of river at Jay Nagar, P. S. Chainpur and after that they removed the entire cut paddy in bundles and only one bundle was left to be removed from the P. O. land. It has also been alleged that in the meantime this appellant alongwith Pragas Oraon, Prayag Oraon and two females came and all the male accused persons including the appellants were armed with lathi and they snatched the rope meant for tying cut paddy boundles then the deceased Dhanu asked for return of the rope. Then immediately this appellant Dhanu gave two lathi blows on the head of Dhanu due to that Dhanu became unconscious and fell on the ground. It is also the prosecution case that at that Rati, informant of this case had gone to rescue Dhanu but he too was assaulted Pragash. On Hullah, two witnesses, namely Nagu Oraon and Ramdeo Oraon came to P. O. who had also seen the occurrence and then the accused persons escaped away. The injured Dhanu Das in unconcious stage remove to his house, where he succumed to the injuries sustained by him. He died at about 4 p. m. and it was raining, so. information was given on the same night and the next day i. e. on 17-10-1985 the informant along with village Choukidar had gone to the Chainpur Police Station and lodged information about this occurrence. The police, then instituted this case and immediately the I. O. visited the P. O., prepared the inquest of deceased (Ext. 1) and after completing the investigation, submitted charge-sheet as against this appellant and three others, namely, Pragash Oraon, Prayag Oraon, and Basant Oraon under Section 304/34 of the I. P. C. and also under Section 323 of the I. P. C. and further two female accused where not sent up for trial.

(3.) The appellant claimed to be innnocent and denied to have participated in this occurrence and the only defence they had taken before the court below that due to dispute over the possession of the P. O. land they had been implicated. The trial Court vide its judgment dated 26-8-1994 found the appellant Mangra guilty under Section 304 of the I. P. C. and convicted and sentenced him to undergo R. I. for 10 years whereas the accused Prayag and Pragas were acquitted of the charges levelled against them under Section 304/34 of the I. P. C. but they were found guilty under Section 323 of th I. P. C. for causing voluntary hurt to PW 5 Rati Oraon but as they were in custody for about two months during investigation, so it was ordered that no further sentence has to be awarded against them. The accused Basant Oraon was acquitted of the charges levelled against him by the trial court.