DHOCHE ORAON, MAHESH ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal Nos. 26 and 36 of 1989(R), which arise out of common judgment dated 19th December, 1988 in ST. No. 291 of 1986 passed by Sri Chiranji Singh, the then IVth Addl. Judicial Commissioner, Ranchi, have been heard analogous and are to be disposed of by this judgment.

(2.) The sole appellant in Cr. Appeal No. 26 of 1989(R) is Dhoche Oraon, whereas Mahesh Oraon, Suka Oraon, Sandhu Oraon and Mathia Oraon are the appellants in Cr. Appeal No. 36 of 1989(R). All the appellants have been convicted under Sections 302 read with 149 of the Indian Penal Code, on a charge of committing murder of Budhua Oraon in prosecution of common object, and they have been sentenced to undergo rigorous imprisonment for life thereunder.

(3.) Briefly put, the prosecution case, as made out in the First Information Report (Exhibit 3), is as under :