SIRMUNA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Sinceall these three appeals were filed by these appellants separately against the judgment of convictiondated 18.11.2006 and order of sentencedated 21.11.2006, passed by the learned Additional Sessions Judge, Fast Track Court Lohardaga, in S.T. Case No. 132 of 2005,hence, these appeals are tagged together and are disposed of by this common judgment.

(2.) In these three appeals, the appellants are aggrieved by the Judgment of conviction dated 18.11.2006 and Order of sentence dated 21.11.2006, passed by the learned Additional Sessions Judge, Fast Track Court Lohardaga, in S.T.Case No. 132 of 2005 corresponding to G.R. Case No. 274 of 2005, whereby and whereunder, these appellants have been found guilty and convicted for the offence under Section 302/34 and 323/34 of the Indian Penal Code. Upon hearing on the point of sentence, they have been sentenced to undergo R.I. for life for the offence punishable u/s 302/34 of the Indian Penal Code and R.I. for 6 months for the offence punishable u/s. 323/34 of the Indian Penal code and it was ordered that the sentences shall run concurrently.

(3.) The case of the prosecution in brief is that on 16.06.2005 at 10 p.m. one of the fdeceasedBudhanaOraon was chiding his sons as they could not properly thatch the roof (chappar) of their house. The accused KishunOraon came to house of the informant and asked BudhanaOraon (deceased) as to why he is creating noise. The deceased BudhanaOraontold KishunOraonthat as he is chiding his own sons hence the KishunOraon has no business in interfering with the same. The accused KishunOraon went to house of co-accused HardayalOraon and after some time he came with HardayalOraon, BandhanuOraon and SirmunaOraon. KishunOraon, BandhanuOraon and HardayalOraon were armed with lathi and SirmunaOraon was armed with axe. The accused SirmunaOraon gave three tangi (axe) blows on the head of the informant's brother DhariyaOraon as a result of which DhariyaOraon fell down on the ground. The accused KishunOraon assaulted the father of the informant namely BudhanaOraon (another deceased) by lathi, the accused SirmunaOraon thereafter gave axe (tangi) blow on the head and face of BudhanaOraon while he was lying on the ground after getting the lathi blow of Kishun. The accused BandhanuOraon assaulted the mother of the informant namely SadahaniOrain (P.W. 2) by lathi. The accused HardayalOraon also caught hold of the informant ChaudharyOraon (P.W.9) and the accused BandhanuOraon has also assaulted him with stick. However, the informant managed to flee away from the scene and saved his life.