LATAN URAON Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE appellants were arrayed as A 1, A3, A4 and A5. The second appellant Langra Uraon died after filing the appeal. Therefore, the appeal filed by Langra Uraon was allowed to be abated on 28.4.1993 by this Court.

(2.) THE appellants will be referred as A1, A3, A4 and A5 and Langru Uraon, who died pending the appeal, will be referred as A2 for the sake of convenience. They were charged and tried under section 302 read with Section 149 I.P.C. A1 Latan Uraon, A2 Langru Uraon and A5 Punia Devi were also charged under section 324 I.P.C. The Trial Judge, finding the appellants guilty under section 302 read with Section 149 I.P.C., sentenced each one of them to imprisonment for life. A1 and A5 as well as Langru Uraon were sentenced to rigorous imprisonment for one year under section 324 I.P.C. The appeal is against the said conviction and sentence.

(3.) AT 6.00 a.m. on 12.7.1987 the deceased Bhikkhu Uraon with his father PW. 16 Sukar Uraon accompanied by PW. 1 Bandhan Uraon went to the land for the purpose of ploughing it. They also wanted to sow Urid. When they were at the field, A 1 to A5 went there and prevented the deceased and PW. 16 from ploughing the land. There were exchange of hot words between the parties and soon thereafter there was scuffle between them. A5 Punia Devi inflicted an injury on the leg of PW. 1 with an axe. A 1 Latan Uraon gave an axe blow on the hand of PW. 16 and Langru Uraon A2 (since dead) inflicted a blow with a spade on his head, when he attempted to save P.W. 1. P.W. 2 Runa Devi and her son, the deceased Bhikkhu Uraon, intervened to save PW. 16 but they were also assaulted. Bhikkhu Uraon was caught hold of and after he was surrounded, all the accused persons caused injuries on his person. On hearing the cries, the witnesses arrived at the scene and the accused ran away from the place. The fardbeyan, Ext. 4, was given at the police station, on which Ext. 5, F.I.R., was registered and investigation was taken up by Raj Kishore Prasad, who was examined as PW. 18 before the trial court. After the inquest, the body was sent to the hospital for autopsy and the injured PWs. 1, 2 and 16 were also referred to the hospital for treatment.