- (1.) THE appellants, five in number, challenge their conviction and sentence.
(2.) WHEN the appeal was taken up for hearing it was informed to this Court that Chapa Oraon died after the appeal was filed. This appeal filed by him abates. This Court has to now consider the appeal filed by the appellants No. 1, 2, 3 and 5 who were arrayed as A -l, A -2, A -3 and A -5 respectively before the trial Judge. The appellants were tried under Sec.302 read with 149, Indian Penal Code of the allegation that they, in furtherancne of their common intention, caused the death of the deceased, Saheba Oraon by causing injury with deadly weapons on his person. The learned trial Judge, on the evidence adduced both oral and documentary, found the appellants guilty and sentenced each one of them to imprisonment for life. They were also found guilty under Secs. 148 and 201 IPC but no separate sentence was awarded for the said offence. The appeal is against the said conviction and sentence.
(3.) THE facts are follows: PW 9, Lakhman Grain is the mother of the deceased, Saheba Oraon. According to the prosecution, there was land dispute between the deceased and the appellants and that the unfortunate occurrence took place on 19.9.1980 on account of the said land dispute. According to PW 9 on 19.9.1980 PW 6. Chamar Munda and the deceased went to Kadarkel market and were returning home. While they were on the way to reach the village, the appellants as well as Chapa Oraon, who has died, surrounded the deceased, Saheba Oraon and assaulted him with lathi on his head. Saheba Oraon fell down. When PW 6 intervened he was beaten twice with lathi on his waist. He was also threatened and that PW 6 ran away from the place. On 21.9.1980 he met PW 9, Lakhma Grain, the mother of the deceased and informed her that her son was murdered by the appellants. She, in turn, went to the police station and laid a complaint.;