VINCENT ORAON Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard learned Senior Counsel for the appellants Mr. A.K. Kashyap assisted by Mr. Sudhir Kumar in Cr. Appeal (DB) No. 161 of 1996 and learned counsel for the appellants Ms. Sunita Kumari in Cr. Appeal (DB) No.169 of 1996 and learned counsel for the State Mr. Sanjay Kumar Srivastava, learned Additional Public Prosecutor in both criminal appeals.

(2.) Both appeals are arising out of common judgment of conviction dated 28.09.1996 and order of sentence dated 30.09.1996, passed by learned Additional Sessions Judge, Gumla, in Sessions Trial No. 510 of 1983, whereby altogether eight accused persons have been convicted for the offence committed and punishable under Sections 302/149 and 149 of the Indian Penal Code. The trial court has awarded rigorous imprisonment for life for the offence committed under Section 302/149 of the Indian Penal Code and rigorous imprisonment for three years for the offence committed under Section 149 of the Indian Penal Code. Both sentences are directed to run concurrently.

(3.) The prosecution case is based upon the fardbayen of Tohan Lohra (P.W.-2), recorded by Sub-Inspector of police in presence of mother of the informant Gujri Loharain (P.W.-1) and mukhiya of the village Girja Prasad Sharma (P.W.-5) at police station on 26.05.1983 at 09:30 A.M. The informant has alleged that in the morning he alongwith his father Bandhan Lohra (deceased) and his elder brother Sohan Lohra (deceased) and wife of his another elder brother Mohan Lohra namely Gansi Devi (P.W.-4) were ploughing their field at Tetar Don by means of ox and plough. It is alleged that informant was taking help of Vakil Lohra and Ranthu Lohra, both resident of village Brinda Nayak Toli in ploughing his field. It is further alleged that at around 08:00 A.M. co-villager (1) Fransis Lakra (2) Rafail Xaxa (3) Jargo Oraon (4) Bolo Oraon (5) Rupas Oraon (6) Mikhail Oraon (7) Antony Oraon (8) Martin Oraon (9) Alphosh Oraon (10) Patras Oraon (11) Vincent Oraon and several other persons came to the field of informant with baluwa (sharp cut weapon), Tangi (axe), arrow bow and other lethal weapon and asked them not to plough and cultivate the field. Thereafter the informant and his brother Sohan Lohra and his father Bandhan Lohra were surrounded by the accused persons from all the sides and were assaulted by means of lathi, tangi, baluwa etc., due to which father of informant Bandhan Lohra and brother of informant Sohan Lohra died at the spot. The informant has also sustained injuries on his back, head, left temple and left leg. The accused persons while assaulting the prosecution parties were saying that they will not leave them today. The informant has stated that occurrence has been witnessed by his sister-in-law Gansi Devi, Vakil Lohra, Ranthu Lohra and others. The informant has further stated that dead body of his father and brother are lying at the place of occurrence, as such necessary action be taken against them.