MANGAL HANSDA Vs. STATE OF JHARKHAND

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. 26/11/1996 and the order of sentence dtd. 27/11/1996 passed by the learned Additional Sessions Judge-Pakur in connection with Sessions Case No. 203 of 18 of 1994 of 94 holding the appellants guilty for the offence under Sec. 302/34 of the Indian Penal Code and sentenced them to undergo RI for life.

(3.) The prosecution case as per FIR of the informant PW-9 Pran Hansda is that on 26/6/1993 at 08:00 a.m. the informant was ploughing his land and Informant's son Ramesh Hansada was grazing cattle nearby about half a kilometer west. In the meantime, a co-villager Sheo Hansda(PW-3) came rasing halla and informed him that his son Ramesh Hansda had been assaulted by means of lathi and knife by the appellants and his son was lying unconscious on the field. Thereafter, the informant along with Sheo Hansda and other co-villagers went to the place of occurrence and found his son lying on the ground unconscious with injuries and bleeding from his nose. The informant with the help of co-villagers took his son Ramesh Hansda on a cot to the police station and lodged the First Information Report. Informant had stated in his fardbeyan that there is a land of the accused adjacent to the land of the informant and on the upper level the accused had set up a ridge on their land in order to store water in the same. On account of rains in the preceding night, the ridge had washed away and the accused alleged that Ramesh had broken the ridge.