BUDHNA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Ms. Aparajita Bhardwaj, learned counsel appearing for the appellants and Ms. Nehala Sharmin, learned A.P.P.

(2.) This appeal is directed against the Judgment of conviction and order of sentence dtd. 5/6/1995, passed by Sri R. P. Verma, learned Additional Sessions Judge-II, Gumla in connection with Sessions Trial No. 173 of 1989, arising out of Sisai P.S. Case No.42 of 1989, corresponding to G.R. No. 261 of 1989, whereby and wherein, the learned Additional Sessions Judge-II, Gumla, held the appellants guilty of the offence under Ss. 302/149 of the Indian Penal Code and thereby, sentenced them to undergo rigorous imprisonment for life.

(3.) Prosecution case was instituted on the basis of fardbeyan of the informant Garbhu Oraon, alleging therein that on the intervening night of 21/22/4/1989, he was sleeping in his house, when he heard the cry of alarm of his daughter-in-law. He rushed to the place of occurrence and saw his son Jogi Oraon lying in front of the house of his brother Birsa Oraon. His daughter-in-law, Jhibi Orain, told him that accused Bodhna Oraon, Saru Oraon, Sanicharwa Oraon, Manga Oraon and Marwari Oraon had assaulted him by lathi, thereafter accused Sanicharwa Oraon and Manga Oraon crushed the head of his son Jogi Oraon by big rock due to which he succumbed to his injuries.