RAJ KUMAR ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both these appeal arise out of the same F.I.R. They are heard together and are being disposed of by this common judgment. Criminal Appeal No. 996 of 2010 arises out of the judgment dated 8th September, 2010 passed by 1st Additional Sessions Judge, Latehar in Sessions Trial No. 13 of 2009 convicting the appellant under Section 302/34 of the Indian Penal Code to undergo R.I. for life.

(2.) Criminal Appeal No. 964 of 2010 arises out of judgment dated 8.9.2010 passed by 1st Additional Sessions Judge, Latehar in Sessions Trial No. 87 of 2008 convicting the appellants under Section 302/34 of the Indian Penal Code to undergo R.I. for life.

(3.) The prosecution case in short is that P.W. 6, informant lodged fardbeyan before the police on 12.8.2007 at 4:30 P.M. to the effect that at about 1:30 P.M. he alongwith his father-in-law Birber Bhagat (deceased), mother-in-law, Budo Devi (deceased) alongwith P.W 5, Mahendra Oraon, (Saarhu) were going towards other village. On the way, Jitendra Oraon (being tried separately) and appellant Machhinder Oraon, suddenly appeared from the bushes and pushed Birber Bhagat in the bushes and pressed his neck. Appellant Machhinder Oraon was pressing his legs. On this, Budo Devi tried to save her husband, whereupon appellant Raj Kumar Oraon and appellant Budhu Oraon took her to the bushes and killed her by pressing her neck and causing injury by stone. It is lastly alleged in the F.I.R. that due to land dispute, the said occurrence had taken place.