R.R. Prasad, J. - (1.) The two appellants Panchu Oraon and Mohna Oraon who are full brothers have filed this appeal against the Judgment dated 7-3-1992 passed by Sessions Judge, Gumla, in Sessions Trial No. 222 of 1991 whereby, learned Sessions Judge held both of them guilty finding that in furtherance of their common intention, they assaulted the deceased namely Budhram Oraon by means of Lathi with intention to cause his death and thereby committed culpable homicide amounting to murder punishable under Section 302/34 of the Indian Penal Code and thereby sentenced them to R.I. for life.
(2.) The facts in short are that Somra Oraon (P.W.-4) lodged F.I.R. (Ext.-3) alleging therein that on 10-7-1991 at about 4:30 P.M. while deceased Budhram Oraon was grazing his cattles at 'Mada Madania Don', the appellants went there and assaulted him by means of lathi and as a result of injuries caused, the deceased died at the spot. On 'Hulla' raised by the witnesses, the accused persons fled away. The motive behind the occurrence as alleged was that it was because of the witchcraft played by the deceased, the sons of the appellants died. The informant specifically stated in the F.I.R. that it was Thembu Oraon who informed him that his uncle Budhram Oraon was killed by these two appellants by assaulting him with lathi.
(3.) The Police submitted chargesheet in the case and thereafter, the appellants were put on trial, where they pleaded not guilty.;