- (1.) This appeal is directed against the judgment of conviction and order of sentence dated 28.02.2003 and 04.03.2003 respectively, whereby and where under appellants were convicted for the offence under section 302/34 of the Indian Penal Code, for committing murder of Mangra Oraon and sentenced to undergo imprisonment for life. Appellant Sukra Oraon was directed to pay fine of Rs.10,000/-, whereas appellant Balwa Oraon and Charles Oraon were directed to pay fine of Rs. 5,000/- each. The court below further directed that on realisation of the fine amount same shall be paid to the dependant of the deceased.
(2.) The case of prosecution, as per first information report, is that on 06.02.1994, in the evening, informant was present in his house. At that time his nephew Mangra Oraon was also present in his house. It is alleged that during that period accused Charles Oraon, Balwa Oraon, Sukra Oraon , Bande Oraon and Madru Oraon came, armed with Bhujali and assaulted Mangra Oraon. It is further stated that due to said assault Mangra Oraon fell on the ground. It is further stated that he forbade them from doing so, but they did not give any heed to his request. It is stated that due to said assault Mangra Oraon died on the spot. It is further stated that Jeeta Oraon, Barki Orain and others arrived at the place of occurrence on hearing hulla and witnessed the occurrence. It is stated that prior to the occurrence, some altercation took place in between the deceased and accused and because of that, present occurrence took place.
(3.) On the basis of aforesaid information Mander P.S.case no. 05 of 1994 under section 302/34 of the Indian Penal Code instituted and police took up investigation. During the investigation, police prepared inquest report of the dead body of deceased and sent it for postmortem examination. After completing investigation, police submitted charge-sheet against the appellants and two others under section 302/34 of the Indian Penal Code. Thereafter, learned Magistrate took cognizance of the offence and then committed the case to the court of Sessions, as the offence under section 302/34 of the Indian Penal Code is exclusively triable by a Court of Sessions.After commitment, records of the case was transferred and received in the court of 4th Additional Judicial Commissioner, Ranchi, who framed charge against the appellants and two others under section 302/34 of the Indian Penal Code and explained the same to the accused persons to which they pleaded not guilty and claimed to be tried.;