JOGO ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Ms. Kavita Kumari, learned counsel for the appellants and Mr. Saket Kumar, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 20/9/2001 (sentence passed on 29/9/2001) passed by Shri Prashant Kumar, learned Sessions Judge, Gumla in Sessions Trial No. 126 of 1998 whereby and whereunder the appellants have been convicted for the offence punishable under Ss. 302/34 of I.P.C. and have been sentenced to undergo imprisonment for life.

(3.) The prosecution case arises out of the fard beyan of Kunka Baraik who has stated that on 21/11/1997 he had come to Dumartoli and was staying with his in-law's family for the last one week. The informant's elder brother-in-law namely, Narain Baraik had 1.14 acres of land at Kumhar More and on that land, he was constructing a house under Indira Awaas Yojna. The informant was looking after the construction work along with his brother-in-law. It is alleged that in the night of 20/11/1997, while the informant was sleeping along with his brother-in-law, the accused persons variously armed had come and after abusing the brother-in-law of the informant had started assaulting him with axe, bhujali, farsa and lathi, as a result of which the brother-in-law of the informant became unconscious and when he tried to rescue him, he was also threatened by the accused persons. After committing the assault, the accused persons had left the place of occurrence. The informant thereafter intimated about the incident to Ram Lakhan Baraik who had arrived with Hira Nath Baraik and the villagers had also arrived. The injured Narain Baraik was referred to Sisai Referral Hospital, where in course of treatment, he died. It has been alleged that the ancestors of Jogi alias Jogindra Oraon (appellant no. 1) had donated 1.14 acres of land in Bhudan which was later on settled with the deceased Narain Baraik upon which he was constructing a house and on account of the same, there was a land dispute which resulted in the incident.