RAGHU HARI AND ORS. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 7.2.1998 passed by the then 5th Additional Sessions Judge, Giridih, in Sessions Trial No. 431 of 1993 whereby and whereunder the court having found all the four appellants guilty of committing murder of Raman Rai convicted them under sections 302/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life.

(2.) The case of the prosecution, as has been projected, is that on 11.7.1993 at about 7.30 a.m. when the deceased Raman Rai saw the appellants ploughing a field belonging to him, he went there and asked the appellants not to plough the field, but they did not pay any heed to his request. Thereupon, the deceased In order to prevent them from ploughing the field separated the bullock from the plough. Upon it all the four appellants started assaulting the deceased as a result of which he fell down and then Ashok Hari appellant gave him a tangi blow, whereas appellant Sohan Hari inflicted bhala injuries. While the deceased was being assaulted by the appellants, informant Sanjho Rai (PW4) and Gyan chandra Rai (PW1) came to the place of occurrence and saw the appellants assaulting the deceased.

(3.) During investigation, the investigating officer (PW5) inspected the place of occurrence and found the dead body lying there in the field which was found ploughed. There, the investigating officer found earth smeared with blood which was seized under seizure list (Ex5).