LAWS(JHAR)-2006-5-75

GOBRA PRADHAN Vs. STATE OF BIHAR

Decided On May 15, 2006
Gobra Pradhan Appellant
V/S
STATE OF BIHAR (NOW JHARKHAND) Respondents

JUDGEMENT

(1.) THE appellants were arrayed as A -1 and A -2 in Sessions Trial No. 44 of 1993 before the Additional Sessions Judge, Seraikella. They have been charges under Section 302 read with 34, IPC which was framed against them with an allegation that at 8 a.m. on 17.8.1992, the second appellant Chaitan Pradhan @ Mangru Pradhan beat the deceased with a spade and that the first accused, Gobra Pradhan, who is the father of the second appellant, shared the common intention. The trial Judge finding the appellants guilty as charged, sentenced each one of them to imprisonment for life and aggrieved by the said order of conviction and sentence, the present appeal is filed.

(2.) PW 3 Champa Pradhan is the wife of the deceased, Mahendra Pradhan. PW 1 Bharat Pradhan as the brother of the deceased. There was a dispute pending between the deceased and the appellants regarding a landed property and a civil suit was instituted at Seraikella. The suit was pending on the date of occurrence.

(3.) ON receipt of the said requisition and the dead body, PW 4, Dr. Yogendra Nath conducted autopsy on the dead body and he found the following injuries : ''