RAJENDRA ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since both these appeals are arising out of the same trial being Sessions Trial No.665 of 1998 and, as such, both are taken together.

(2.) These appeals under Sec. 374(2) of the Code of Criminal Procedure,1973 are directed against the judgment of conviction dtd. 18/4/2000 and the order of sentence dtd. 22/4/2000 passed by the learned VIIth Addl. Judicial Commissioner, Ranchi in Sessions Trial No. 665 of 1998 whereby and whereunder the appellants, above-named, have been convicted under Sec. 302/34 of the Indian Penal Code and sentenced to undergo RI for life under Sec. 302/34 of the Indian Penal Code.

(3.) The prosecution story, in brief, as per the fardbayan dtd. 21/4/1998, of the informant Rajendra Sahu (P.W.-7), recorded on 10.45 hrs. at village Karga, wherein informant has stated that at about 6 P.M. in the preceding evening, the father of the informant, namely, Keshwar Sahu went outside of his house in of labour and he was following his father and was at a distance of about 25 feets. When at about 6.15 P.M, his father reached near the house of Mahrang Lohar (P.W.1), then the appellants, namely, Ramdhan Oraon, Rajendra Oraon, Baria Oraon and Bhanua Oraon, were hiding there from before, attacked his father with balua, sword and tangi and started cutting his father. Then, informant fled away and came to his house and disclosed the occurrence to the family and others. Thereafter, informant again went to the place of occurrence with chowkidar and found his father smeared with blood and he was dead. Informant alleged that Yogia Oraon, elder father of the Bhanua Oraon (appellant) and his father were litigating in High Court in a land related matter. His father and Khairu Oraon were also on litigating term for about 10 years, due to land dispute and due to this reason, the accused persons killed his father.