B.B. Mangalmurti, J. - (1.) Heard learned counsel for the appellant and learned counsel for the State.
(2.) The sole appellant is aggrieved by the impugned Judgment of conviction dated 20.05.1996 and Order of sentence dated 21.05.1996, passed by the learned 1st Additional Sessions Judge, Gumla, in Sessions Trial No. 236 of 1995, whereby, the appellant along with his father, the co-accused Roto Oraon, has been found guilty and convicted for the offences under Section 302/34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life for the offence under Section 302 of the Indian Penal Code. The appellant Roto Oraon died during the pendency of this appeal, as such his name was deleted vide order dated 12.4.2018.
(3.) The prosecution case is based on the fardbeyan of Birso Orain stating that at about 9/10 a.m. she along with her husband Jatru Oraon and his son Birsa Oraon and Hal Nahas, Eta Kharia and Pusha Kharia had gone to sow paddy in their field Kusumdon situated at a distance of 1 km. from the village. The informant went for drinking water at the well of the paddy field which was at a distance of 500 yards, at that time Roto Oraon and Karmu Oraon came and started assaulting her husband and son with basula tangi and kutti. Her husband and son ran towards the field of Dhondhi Chick Baraik to save their life but both the accused persons chased them and assaulted on their head as a result of which both fell down and died. She ran from the well but by that time they had died. She stated that this occurrence was witnessed by Hal Nahas, Eta Kharia and Pusha Kharia also. The villagers also came there on hulla. She stated that her husband had previous dispute with both accused persons relating to partition. She further stated that earlier Panchayti was held and the Panches had divided the lands among them and half of the land was given to her husband Jatru Oraon and another half was given to Roto Oraon, his brother. After this partition her husband and son had gone there for sowing paddy but Roto Oraon and his son assaulted them and committed their murder. On the basis of the fardbeyan, Gumla P.S. Case No. 108 of 1995, corresponding to G.R. No. 381 of 1995, was instituted for the offences under Sections 302/34 of the Indian Penal Code, against the accused Roto Oraon and Karmu alias Karma Oraon and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.;