- (1.) BY Court. - This appeal is directed against the judgment of conviction and sentence dated 20.9.1991 passed by Shri . N.K. Prasad, District & Sessions Judge, Giumla in Sessions Trial No. 68 of 1991/ G.R. No. 648 of 1990, whereby and whereunder the learned court below convicted the appellant under Sections 302/ 34 of the Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for life.
(2.) THE prosecution case, as per the Fardbeyan of the informant, Shankar Oraan (P. W. 1), briefly stated is that on 12.9.1990 at about 3.30 P.M. he, his mother (P.W. 2), 'Mami' (P.W. 3 -wife of the deceased) were going to Village Tira Dumertoli for looking their Gora paddy. The deceased -Etwa Oraon, coming on bicycle, proceeded ahead and went to the field in question where the appellant -Timbru Oraon @ Timbru alongwith his two brothers were harvesting the paddy crop, to which Etwa Oraon, protested and thereon the appellant -Timoru Oraon @ Timru picked 4' 'Baluwa' from the field and attacked Etwa Oraon. On receiving Baluwa blow Etwa Oraon ran away leaving behind his cycle on the field whereupon he was chased by three accused persons. The witnesses and the informant were also chased by them. While fleeing away they saw that Etwa Oraon was being assaulted with the 'Baluwa' and he was crying for help. He was also assaulted by 'Bhala' by brothers of the appellant. The informant identified them by face. Then accused persons fled away towards their house with the weapons. The informant party went there to find Etwa Oraon dead having several sharp cut injuries on his person. His neck was cut more than half. Blood was oozing in large quantity. They started crying there. As further stated that there was a land dispute between the parties in which possession was given in favour of the deceased two years ago, who was cultivating his field as usual. Therefore appellant and his two brothers had killed the deceased. The informant out of fear and night did not go to the police station. In the morning 'Chaukidar' was sent to police station. Gumla Police arrived at the place of occurrence, recorded the statement of P.W. 1 and started investigation and submitted charge -sheet.
(3.) THE charges were framed against the appellant and his brother, Sanicharwa Oraon and they were put on trial. The appellant, in his statement, under Section 313 Cr.P.C., inter alia, claimed false prosecution due to land dispute and said that he was in possession of the land. However, trial court held him guilty and sentenced him as mentioned above.;