MAHESH ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals originate from the judgment and order dated 17.5.1996 passed in Sessions Trial No. 351 of 1993 by Sri R.P. Verma, 1st Additional Sessions Judge, Gumla and both the appeals aforesaid are hereby disposed of by this judgment.

(2.) APPELLANT Mahesh Oraon of Cr. Appeal No. 46 of 1996 (R) has been found guilty for the offence punishable under section 307 I.PC. and under section 25 (i -b) of the Arms Act and he was convicted and sentenced to undergo R.L for seven years and three years respectivley. However, the sentences have been ordered to run concurrently. Appellant, Budhwa Oraon of Cr. Appeal No. 57 of 1996 (R) was only found guilty for the offence punishable under section 307 I.PC. and he was convicted and sentenced to undergo R.I. for five years.

(3.) THE prosecution case, in brief, is that on a confidential information that the accused of Gumla PS. Case No. 103/93 under section 394 I.P.C. has been seen with the looted motorcycle black in Golour without any number plate towards village Jorrag, the informant along with the raiding party consisting of the police force came to Aam Bagicha in village Jorrag Nowatoli and found three persons coming on a motor cycle from Jorrag village and seeing the police force they turned their motor cycle east of the said Aam Bagicha and absconding accused Sushil Tirkey was driving that motor cycle and both the appellants were the pillion rider on the said motor cycle. It is alleged that appellant Budhwa Oraan had a brown bag in his hand and appellant Mahesh Oraon had a rifle in his hand. It is alleged that the informant along with raiding party followed them and at this Mahesh Oraon started making fire from his rifle and absconding accused Sushil Tirkey made two fires from his pistol and appellant Budhwa Oraon threw a bomb at the police jeep which had exploded and the police force fired six rounds from their arms in self -defence. The prosecution case further is that the appellants aforesaid along with Sushil Tirkey left the motor cycle in front of the house of Kartik Oraon in village Jorrag Nowatoli and escaped in the forest and while escaping in the forest appellant Mahesh Oraon and absconding accused Suresh Tirkey again fired at the police force from their rifle and pistol respectively and the police force again fired at them in their self -defence. It is also alleged that appellant Mahesh Oraon surrendered by raising his hand in view of the firing made by the police force and he was caught by the police force along with the rifle. It is alleged that the police force was further chasing Sushil Tirkey and appellant Budhwa Oraon and on the orders of Sushil Tirkey aforesaid appellant Budhwa Oraon again threw a bomb taking out from his bag at the police force but the said bomb did not explode and thereafter they escaped in the forest. The rifle recovered from the possession of appellant Mahesh Oraon and the said motor cycle were seized. It is also alleged that the said country made rifle was loaded and two empty cartridges were also recovered from the left pocket of the full -pant of Mahesh Oraon besides a passbook bearing no. 35/7188 of the State Bank, Gumla. It is also alleged that the particles of the exploded bomb and the one live bomb which did not explode were also seized and seizure list was prepared. Lastly it has been alleged that the appellants had fired at the police raiding party along with the informant with intention to commit their murder.