- (1.) BOTH the appeals are against the common judgment of conviction dated 8.5.2000 and the order of sentence dated 9.5.2000 passed by Shri Ram Narayan Lal, Additional Judicial Commissioner, Lohard again Sessions Trial No. 277 of 1989144 of 1990 and thus they were heard together and are being disposed of by this common judgment.
(2.) MR . S. Rahman appeared for the appellant Mahabir Oraon in Criminal Appeal No. 295 of 2000 and on our request, he assisted the Court and advanced arguments on behalf of appellant Chedu Oraon also since on repeated calls nobody appeared on behalf of the appellant Chedu Oraon. Chedu Oraon, the appellant of Criminal Appeal No. 159 of 2000(R), has been convicted for the offence under sections 302 and 394 of the Indian Penal Code and Mahabir Oraon, the appellant of Criminal Appeal No. 295 of 2000(R), has been convicted under section 302 read with Section 34 of the Indian Penal Code and Section 394 of the Indian Penal Code and they have been sentenced to suffer imprisonment for life. They have been further sentenced to suffer rigorous imprisonment for five years and a fine of Rs. 5,000/ - under section 394 of the Indian Penal Code and in default of payment of fine, they have to remain in jail custody for a further period of one year. Both the sentences have been ordered to run concurrently.
(3.) WITHIN four hours of the occurrence, a fard beyan was lodged on 26.2.1998 at 11.30 P.M. by the informant Smt. Shree Devi (P.W 5) daughter of deceased Sukhni Devi. The informant stated that the appellants and one Bahuran Mahli (Acquitted), all residing within the Kisko Police Station, entered her house and demanded jewellery. cash and utensil. When her mother said that she did not have cash. jewellery and they can take the house hold goods, Mahabir Oraon threatened her that they will take away the informant to which she protested. Upon this. Mahabir Oraon inflicted chhura (dagger) blow on the informant between her neck and chest and the blood started oozing. Thereafter Chedu Oraon assaulted her mother who fell down and died after some -time. Bahuran Mahli took a utensil and all fled away. The informant raised alarm on which the villagers assembled. The informant identified the appellants in the light of a Lamp (Dhibri). She was taken by P.W.12 and others to the hospital where she was being treated. She and her brother (P.W 9) can identify the looted utensil. The informant further stated that she told about the appellants to the persons who had assembled there.;