SOMA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellants are before this Court in appeal against the judgment of conviction and sentence under Ss. 302/34 of the IPC.

(2.) Informant is the brother of deceased. As per the FIR, on 17/6/1992 at about 6 am. informant-Chiru Oraon along with his brother Fauda Oraon had gone to plough his agricultural field. At about 8:00 a.m., Suleman Oraon armed with Lathi and accused Birendra Oraon armed with sword came there and asked them to leave the land. In the meantime, accused- Pityush Oraon armed with bow and arrow, Lal Mohan Oraon, Sakhu Oraon, Lalu Oraon, Chitru Oraon, Sikil Oraon and Namdeo Baraik armed with Lathi, Mathura Baraik with Tangi, Soma Oraon with Lathi and Tangi, Birendra and Ram Prasad Oraon with sword and Ram Chandra armed with Balua came there and attacked the informant party. Soma Oraon assaulted Fauda Oraon (deceased) with Tangi, Birendra Oraon and Ram Prasad Oraon assaulted him with sword as a result of which, he sustained injuries. After Fauda Oraon fell down, they continued with the assault. Mathura Baraik assaulted him with Tangi and other named accused persons assaulted him by Lathi. When the informant went to rescue of his brother, he was assaulted by Fauda Oraon, Pityush Oraon and Namdeo Baraik and Ram Chandra Oraon assaulted him with Balua as a result of which the informant sustained injuries and he fled away to save his life.

(3.) On the basis of the fardbeyan, Chainpur P.S. case No.38/92 was registered under Ss. 147, 148, 149, 323, 324 and 302 of the IPC against these appellants and other co-accused persons. Police on investigation, found the case true and submitted charge sheet and the accused persons were put on trial for the offence under Ss. 302/34 and 149 of the IPC, accused- Ram Chandra was further charged under Sec. 324 of the IPC.