H.C.MISHRA,J. - (1.) Heard learned counsel for the appellants and the learned counsel for the State.
(2.) The appellants are aggrieved by the impugned Judgment of conviction and Order of sentence dated 27.09.2006, passed by the learned Additional Sessions Judge, F.T.C.-III, Gumla, in S.T. No. 240 of 2005, whereby, the appellants have been found guilty and convicted for the offence under Sections 302/34 of the Indian Penal Code. Upon hearing on the point of sentence, they have been sentenced to undergo R.I. for life, for the aforesaid offence.
(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Jatru Oraon, the son of the deceased Gomma Oraon, recorded near Rani Bagicha field of village Lohri, P.S. Basia, District Gumla, on 26.07.2005 at about 8:00 A.M., wherein the informant has stated that on the previous day, i.e., on 25.07.2005 at about 4:00 P.M., his father Gomma Oraon had gone towards Rani Bagicha field for cutting fire wood from a Karanj tree in his field. The informant was tending the cattle nearby. When his father started cutting the wood, the accused Bando Oraon, Gandhi Oraon and Soma Oraon, who were planting ragi (marua) in the nearby field, came there and they started assaulting his father. They snatched away the axe of his father and they started assaulting him by spades causing bleeding injuries on him. The informant raised alarm and ran towards the place where his father was being assaulted, whereupon the accused persons fled away. He saw the injuries on the body of his father who had died. His sister and mother also came there, and saw the occurrence. On the basis of the fardbeyan of the informant, Basia P.S. Case No. 35 of 2005, corresponding to G.R. No. 498 of 2005, was instituted against the accused persons for the offence under Sections 302/34 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.;