LEDWA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is preferred against the Judgment of Conviction dtd. 23/8/2002 and order of sentence dtd. 24/8/2002 passed by the learned 1st Additional District and Sessions Judge, Latehar in S.T. No.198 of 1995, in connection with Latehar P.S. Case No.69 of 1994, G.R. Case No.294 of 1994, whereby and whereunder the accused appellants have been convicted under Ss. 302/34 of IPC and sentenced to undergo imprisonment for life and they have also been sentenced to a fine of Rs.3,000.00 each and in default of payment of fine, further sentenced to undergo R.I. for one year each.

(2.) At the outset, learned APP appearing on behalf of the State and the defence counsel appearing on behalf of the appellants jointly submitted that this appeal should be abated against the appellant No.1 Sakhichand Oraon and appellant No.3 Kirani Oraon.

(3.) The prosecution story arose in the wake of the fardbeyan of Bhagmania Orain, whose statement was recorded on 26/8/1994 at 08.45 hours by Latehar police in the district of Palamau. The said informant Bhagmania Orain stated that in the evening of 25/8/1994, the deceased Lalchand Uraon was going to take meal when accused Sakhichand Uraon armed with a Tangi came in the house of the deceased, caught hold of the deceased and got him fell down in the ground. The accused Sakhichand Uraon called his sons Leduwa Uraon, Kirani Uraon and Amla Uraon who also came there with Tangi and all the four accused persons assaulted the deceased Lalchand Uraon brutally on his head, neck and other parts of the body. The informant Bhagmania Orain along with her daughter-in-law Chandri Orain requested the accused persons not to assault her husband but they did not listen to her and caused death of her husband Lalchand Uraon. Soon thereafter they fled away. It is alleged in the FIR that the enmity was going on between the family of the deceased and of the accused persons in respect of some landed property. The main accused Sakhichand Uraon was not agreed to give share to the deceased in the landed property. He used to threaten the deceased time and again with dire consequences and all the accused persons were having the common intention to murder the deceased. The FIR was lodged on the next morning in the form of fardbeyan of Bhagmania Orain (Ext-4) which is the basis of the case.