LAKHI LOHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant is aggrieved by the Judgment of conviction and Order of sentence dated 5th of January, 2010, passed by the learned Additional Judicial Commissioner, F.T.C.-VI, Ranchi, in Sessions Trial No. 555 of 2007, whereby, the sole appellant has been found guilty and convicted for the offences under Sections 302 and 323 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life for the offence under Section 302 of the Indian Penal Code. No separate sentence, however, was passed for the offence under Section 323 of the Indian Penal Code.

(3.) The prosecution case was instituted on the basis of fardbeyan of Sohrai Lohra, the son of the deceased Charan Lohra, recorded on 6.6.2007 at his village, in which it is alleged that the informant, his father and wife were working in their agriculture field. In the meantime, the accused appellant, Lakhi Lohra and his son Muchi Ram Lohra came there, armed with tangi and started assaulting his father, due to which, his father fell unconscious. When the informant went to save his father, both the accused persons assaulted the informant and his wife, injuring them also. While the informant was making preparation for bringing his father to the hospital, he died. It is stated in the fardbeyan that there was land dispute between the parties for the same land on which the occurrence had taken place. On the basis of the fardbeyan of the informant, Sonahatu P.S. Case No. 20 of 2007, corresponding to G.R. No. 312 of 2007 was instituted for the offences under Sections 341, 323, 307, 302 / 34 of the Indian Penal Code, against two named accused persons, and investigation was taken up. After investigation the police submitted the charge-sheet.