BAIJU ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since both the appeals arise out of the common Judgment of conviction and Order of sentence dated 23 rd December, 2016 passed by learned Additional Judicial Commissioner-V, Ranchi in Sessions Trial No.209 of 2009 arising out of Chanho P.S. Case No. 20 of 2008 corresponding to G.R. Case No. 1103 of 2008, as such they have been tagged together and taken up together for analogous hearing and are being disposed of by this common order.

(2.) The instant appeals are directed against the Judgment of conviction and Order of sentence dated 23 rd December, 2016 passed by learned Additional Judicial Commissioner-V, Ranchi in Sessions Trial No.209 of 2009 arising out of Chanho P.S. Case No. 20 of 2008 corresponding to G.R. Case No. 1103 of 2008, whereby and whereunder both the appellants are convicted under sec. 302 r/w 34 of IPC and appellant Somara Oraon is further convicted under sec. 324 of IPC. Both the appellants are directed to undergo RI for life u/s 302 of IPC and a fine of Rs.2000.00 each and in case of default they have to further undergo SI for six months. Appellant Somra Oraon is also sentenced to undergo RI for three years u/s 324 of IPC. Both the sentences passed against the convict Somra Oraon shall run concurrently. Prosecution Case:

(3.) Prosecution case as per fardbeyan dtd. 20/3/2008 of the informant Bariya Urain(P.W.-9) aged about 36 years wife of late Fagu Oraon resident of village- Barhiya, PS- Chanho, Distt-Ranchi recorded by S.I M.Tudu of Chanho P.S. Distt-Ranchi on 20/3/2008 at 20 hours at Barahaiya PS-Chanho Distt-Ranchi, is that on 20/3/2008 at about 6.30 PM she was standing at her door and her husband Fagu Oraon(deceased) was standing in the courtyard. They were constructing house of mud, on their own share of land, beside their old house to which her brother-in-law (bhainsur) Baiju Oraon(appellant) and his family was opposing. Today they had soaked soil for the purpose of constructing wall. At this her brother-in-law Baiju Oraon told that he will not allow them to construct the wall. At this her husband told him why he is doing so, if they will not construct house where they will live. At this her brother-in-law Baiju Oraon took out a sword from his house and his son Somra Oraon (appellant) took out a baluwa and both started assaulting her husband in the courtyard by aforesaid weapons indiscriminately, so, her husband fell down. Then both the accused persons assaulted on the neck of her husband and her husband died immediately. She informed the neighbours then they gathered on the spot.