GHUSHA ORAON Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, the parties.

(2.) This appeal arises out of the judgement of conviction dated 29.1.2003 and the order of sentence dated 30.01.2003 passed by learned Additional Sessions Judge, FTC-III, Gumla in S.T. No. 84 of 2000 by which, the appellants were convicted under Section 302/149 of the Indian Penal Code and sentenced to undergo R.I. for life.

(3.) The prosecution case, in short, is that Sukra Oraon- informant-P.W.-7 gave a Fard beyan on 10.11.2009 (Ext.-2) that in the intervening night of 9/10-11-99 at about 8 PM, Katchu Oraon (deceased), informant and his family members were sleeping in their house. On hearing the sound of knocking, the informant woke up and heard that his co-villager Ghusa Oraon (appellant No. 1) was saying that the vehicle has come for taking "Kanda" (sweet potato), which was lying in the field. On hearing this, the informant's brother Katchu Oraon opened the door and he followed Ghusa Oraon. The informant also followed him. When Ghusa Oraon and Katchu Oraon reached near the house of Charu Oraon, suddenly Domna Oraon (appellant No. 2) and 4-5 unknown persons came there and assaulted Katchu Oraon by means of Tangi and Baluwa, due to which, the deceased fell clown on the earth. Then Ghusa Oraon assaulted Katchu Oran with Tangi behind his neck two -three times and Domna Oraon assaulted the deceased by means of Tangi on his head. The informant, became afraid. He returned to his house and informed about the same to his family members. On hearing hulla, villagers came and it was about 1:30 A.M. in the night. It was alleged that there was enmity with respect to land between, the informant and Ghusa Oraon, Domna Oraon and other accused persons (acquitted) and a few days back, they threatened that they will kill any one of his family. (sic). report (Ext-3) and seizure list of blood stained earth (Ext. 4) were prepared and charges were framed under Sections 302/149 and 147 of the IPC against the accused persons. They have pleaded not guilty and faced to trial. The trial court acquitted six other accused persons giving them benefit of doubt and the present appellants were convicted as aforesaid.