ETWA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellants are aggrieved by the impugned Judgment of conviction dated 17 th December, 2005 and Order of sentence dated 20th December, 2005, passed by the learned Additional Judicial Commissioner-FTC-X, Ranchi, in S.T. No. 246 of 1992, whereby, both the appellants have been found guilty and convicted for the offence under Sections 302 / 34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo R.I. for life for the said offence.

(3.) The prosecution case was instituted on the basis of the F.I.R. lodged by the informant Bhaua Oraon, the brother of the deceased Sukhai Oraon. The informant also died during the treatment. The F.I.R. was lodged on 12.07.1991 at about 03:45 P.M. by the informant Bhaua Oraon in the injured condition, at Chanho Police Station, wherein he has stated that at about 01:00 to 02:00 P.M. on the same day, he was in his agriculture field when his co-villager Shyam Oraon and his two sons Fagua Oraon and Etwa Oraon came there. Fagua Oraon was armed with knife and others were armed with lathi. Shyam Oraon told the informant as to why he had cut the bamboos and why he was not allowing them to take water from the well, and started assaulting the informant. He was firstly assaulted by lathi on his head and other parts of the body by Shyam Oraon and his son Etwa Oraon, and when he fell down, Fagua Oraon assaulted him by knife causing injury on his back. His wife, who was grazing the cattle nearby, raised the alarm whereupon his brother Sukhai Oraon came to his rescue, whereupon all the three accused persons assaulted him also, and Fagua Oraon also assaulted him by knife, whereupon his brother tried to escape, but he fell down and died at the spot. He has stated that this occurrence was seen by his wife and his son and other villagers. He gave the statement at the Police Station, on which he put his thumb impression and his son Chanda Oraon put his signature as a witness. On the basis of the information given by the informant Bhaua Oraon, Chanho P.S. Case No. 59 of 1991, corresponding to G.R. No.3132 of 1991 was instituted for the offences under Sections 302, 324 / 34 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.