KHAITO ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and the learned counsel for the State.

(2.) The appellants have filed this appeal against the judgment of conviction dtd. 22/2/1999 and the order of sentence dtd. 24/2/1999 passed by the 2nd learned Additional Sessions Judge-Gumla in connection with Sessions Trial No. 294 of 1996 holding the appellants guilty for the offence under Sec. 302/149 of the Indian Penal Code and sentenced them to undergo RI for life.

(3.) The prosecution case was instituted on the basis of fardbeyan dtd. 29/7/1996 of the informant PW-3 Rajmati Kumari stating therein that she along with her father Ramsevak and cousin brother Ram Bilas Sahu went to Mahuwatoli Bazar for selling Mahuwa at 04:00 pm on 28/7/1996. At the bazar a dispute took place between her cousin brother Ram Bilas Sahu and the appellants. At 06:00 p.m. while she along with her father and cousin brother Ram Bilas were returning to their house and at 06:30 p.m. when they were on the kachha road some distance from Deepatoli on north side, all the appellants were standing there with hockey sticks started assaulting Ram Bilas Sahu. When her father went to rescue him, the appellants also assaulted him by fist and slaps and also by hockey sticks and threw her father on the ground and started pressing his chest. Thereafter, appellants dragged her father in the field, and assaulted him and fled away. Informant came to her house and informed her mother. Then, they came to Deepatoli and with the help of people of Deepatoli carried her father on cot to her house. Informant further stated that at that time her father was alive and died after some time in the house.