PRADUMAN KUMAR PRADHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All these appeals were heard together and are being disposed of by this common judgement.

(2.) These appeals arise out of judgment of conviction and order of senlence dated 26.06.2001 and 28.6.2011 respectively, passed by Shree P.N. Lal, 1st Additional Sessions Judge, Saraikella, in Sessions Trial No. 238/ 1999, convicting the appellants namely Praduman Kumar Pradhan, Pramod Pradhan, Prakash Pradhan (in Cr. Appeal No. 366/2001) and Ketaki Pradhan (In Cr. Appeal No. 287/2001) for the offence under section 302/34 of the Indian Penal Code and appellant Antarjami Pradhan (in Cr. Appeal No. 317/2001) has been convicted for the offence under section 302/120 of the Indian Penal Code. Pramod Pradhan has also been convicted under section 307 of the Indian Penal Code and sentencing them to undergo R.I. for life and appellant Pramod Pradhan has also been sentenced to undergo R.I. for ten years under section 307 of the Indian Penal Code.

(3.) The prosecution case in short is that P.W-11-Jitendra Pradhan lodged a fardbeyan on 2.5.1999 at about 11.30 a.m. along with his cousin- P.W-10- Rama Kant Pradhan and other villagers that at about 10.15 A.M. he along with his cousin-Kartikeshwar Pradhan (deceased) were going towards the middle school of village on motorcycle. As soon as they reached near the house of the appellant-Pramod Pradhan, he and his brother Prakash Pradhan having swords in their hands tried to stop them. The informant tried to escape but could not. In the meantime, Pramod, Prakash and Pradhan came running and started assaulting the deceased by swords indiscriminately. When the informant tried to escape, Pramod assaulted on his head by sword causing injury. It has been further alleged that the deceased also tried to escape but Prakash and his wife Ketaki Pradhan (appellant) restrained him. The matter was reported to the elder brother of the deceased Surat Pradhan (P.W-10), who ran to save the deceased but Praduman chased him with sword, on which P.W-10 ran from there. Kartikeshwar was dead. It has been further alleged in the FIR that about six months back, somebody fired at appellant-Praduman, due to which the appellants were having grudge on the suspicion that deceased had caused such firing.