SOHRAI ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All these three appeals are against the common judgment of conviction dtd. 3/12/2008 and order of sentence dtd. 8/12/2008 passed by the learned Additional District & Sessions Judge- I, Lohardaga in S.T. Case No.12 of 2007/S.T. Case No. 74 of 2007 arising out of Lohardaga P.S. Case No.141 of 2006, corresponding to G.R. Case No. 384 of 2006 whereby and whereunder, the appellants Sohrai Oraon and Dharamdas Oraon have been found guilty for the offence under Sec. 397 of Indian Penal Code, while the appellant Suresh Oraon is found to be guilty for the offence under Ss. 397 and 412 of Indian Penal Code and in consequence thereof, all the appellants have been sentenced to undergo rigorous imprisonment for a period of 8 years for the offence under Sec. 397 of Indian Penal Code, and Suresh Oraon is further sentenced to undergo rigorous imprisonment for 6 years for the offence under Sec. 412 of the Indian Penal Code with a direction that all the sentences shall run concurrently.

(2.) The prosecution story, in brief, is as per the fardbeyan of the informant dtd. 21/8/2006 recorded on the basis of the information furnished by the Administrator of Lieven's Academy, Lohardaga, is that on 21/8/2006 at about 8.30 PM in evening, the informant was in his office and at that time the guard of the Academy called the informant at which the informant came out and had seen the guard with four to five unknown persons armed with gun and pistol. On being asked the criminals said the informant that they are the members of the MCC extremist and they wanted levy, upon this the informant replied that they are social workers and as such their demand cannot be fulfilled. Upon this all the unknown persons have forcefully entered inside the the room and assaulted the informant with Lathi and have taken away Rs.3000.00 from the informant Sony Handicam and also taken away the Mobile phone, gold chain and wrist watch, which were kept on the table. In terms of the aforesaid information a case was instituted against the appellants by registering the FIR for the criminal offence under Ss. 395 and 397 of the Indian Penal Code and subsequently Sec. 412 of the Indian Penal Code was also added. After completion of the investigation the prosecuting agency has submitted charge-sheet against Dharamdeo Oraon, Sanjay Yadav, Arvind Oraon, Mahendra Tana Bhagat and Suresh Oraon for the offence under Ss. 395, 397 and 412 of the Indian Penal Code, and on denial of the allegation the appellants have been put to trial.

(3.) In course of the trial altogether nine witnesses have been examined. P.W.-1-Babu Lal Oraon, who is the guard of the Lieven's Academy, has deposed that on the date of occurrence he was on the gate and on being forced by the unknown persons he had allowed them to enter into the premises of the academy where the accused persons have met with father (the informant). He has further deposed that there being no electricity line at the time of occurrence, it was dark and hence he could not identify any of the criminals.