JAWARA ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Above named appellants have challenged their conviction and sentence passed by learned Additional Sessions Judge, Gumla in S.T. Case No. 82 of 1993 dated 29/30/1/1997, whereby and whereunder the appellants have been held guilty for the offences under Ss. 342, 302 read with Sec. 34 I.P.C. and rest four accused persons who were tried jointly in the same trial have been acquitted extending benefit of doubt.

(2.) Factual matrix giving rise to this appeal in a narrow campus is that on 18/12/1991 at about 06.00 P.M. one Kedar Oraon (deceased) had gone to his sasural, in the same village, while he was returning to his home and reached in front of the house of Chamari Orain, the accused persons namely, Krishna Oraon, Jawara Oraon, Hira Sao, Babu Lal Sao and Bitu Sao all surrounded and caught hold of him. All the accused persons brought Kedar Oraon to their house and brutally assaulted him on head, chest, leg and arm by hockey stick and due to assault he became unconscious. It is alleged that hearing hulla raised by Kedar Oraon, his son-in-law Tiju Oraon, (P.W.4), Fagua Oraon(P.W.6) and several other villagers reached there and have seen the occurrence. The injured was brought to his house and in the next day morning moved to hospital for treatment. In the course of treatment, the said Kedar died in the hospital where police also arrived and recorded the fardbeyan of informant Suna Oraon (P.W. 1) at Sadar Hospital Gumla. Accordingly, FIR was registered for the offences under Ss. 147, 342, 323 and 307 of the Indian Penal Code which was converted into 302 IPC after death of the deceased.

(3.) After completion of investigation, charge sheet was submitted against altogether six accused persons including present appellants, who have faced trial and out of six accused persons only the appellants have been held guilty for the offences under Ss. 302/34 and 342/ 34 IPC and sentenced R.I. for life for the offence under Sec. 302/34 of the Indian Penal Code however no separate sentence was passed u/s 342/34 IPC.