IMPORTANT POINT
The judgment establishes that a concerted attack resulting in death, supported by credible eyewitness testimony, constitutes sufficient grounds for conviction under Sections 302 and 34 IPC, regardless of claims of provocation.

JUDGMENT :

R.Mukhopadhyay, J.

Heard Mrs. Vani Kumari, learned counsel appearing for the appellants and Mr. Pankaj Kumar, learned P.P.

2. So far as the appellant no.2 is concerned, an affidavit has been filed by the State from which it appears that appellant no.2 has died in the year 2010 itself and therefore this appeal has abated so far as the appellant no.2 is concerned.

3. This Appeal is directed against the judgment and order of conviction and sentence dated 02.09.1995 passed by Shri Shyam Kumar Mishra, Learned Additional Judicial Commissioner, Lohardaga in Sessions Trial No.71 of 1990 / 6 of 1990 whereby and whereunder the appellant has been convicted for the offence punishable under Sections 302/34 of the I.P.C. and has been sentenced to undergo rigorous imprisonment for life.

4. The prosecution case arises out of the First Information Report instituted by Punai Oraon wherein it has been stated that on 13.11.1989 he had gone to work in the potato field of Girdhari Oraon in the early morning and Ghuran Oraon as well as Bihari Oraon were working in the nearby filed having Sabal, Lathi and Dhelforwa with them. It is alleged that at about 7 A.M. Girdhari Oraon came near the accused persons and there was some talk between them when Bihari Oraon had assaulted on the head of Girdhari Oraon with a Dhelfrwa as a result of which Girdhari Oraon fell down. When the informant tried to save Girdhari Oraon, he was also assaulted by Bihari Oraon on his left arm. The informant on account of such assault fled away from the place of occurrence. It has been alleged that Ghuran Oraon was going towards north side and Mangra Oraon was coming after attending the call of nature and Mangra Oraon was conversing with the wife of Ghuran Oraon under a Pipal tree when both the accused persons variously armed had came and started assaulting Mangra Oraon with Lathi and Dhelforwa as a result of which Mangra Oraon died at the spot. The injured Girdhari Oraon was brought by the villagers to Lohardaga Hospital where he died. It has been alleged by the informant that the incident had taken place on account of a land dispute between the parties.

5. Based on the aforesaid allegations Senha P.S. Case No.74 of 1989 was instituted against Bihari Oraon and Ghuran Oraon for the offence under Sections 302/34 I.P.C. On completion of investigation, charge sheet was submitted against the accused persons and after cognizance was taken the case was committed to the court of sessions and registered as Sessions Trial No.71 of 1990. Charge was framed against the accused persons under Sections 302/34 I.P.C. which was read over and explained to them to which they pleaded not guilty and claimed to be tried.

6. The prosecution has examined as many as 11 witnesses in support of its case.

7. P.W. 1 Rajmani Devi has stated that the incident is of 1 and ½ years back at about 6 A.M. when she was in her residence at Jogna and Punai Oraon had rushed to her house and had disclosed that her father Girdhari Oraon was assaulted by Ghuran Oraon and Bihari Oraon with a Dhelforwa and Lathi. It was also disclosed by Punai Oraon that both the accused persons after the assault had fled away.

In cross-examination she has stated that on the date of incident Ghuran Oraon was cultivating his land which fell in his share and Bihari Oraon was also working in the said land. She has stated that in her statement recorded by the Police she had not disclosed that Ghuran Oraon and Bihari Oraon had assaulted her father with a Dhelforwa and a lathi as disclosed to her by Punai Oraon.

8. P.W.2 Dhondho Orain has stated that on the date of incident she was in her house when Punai Oraon had come raising an alarm and had disclosed that Girdhari Oraon has been assaulted. Punai Oraon had also stated that Bihari Oraon and Ghuran Oraon had assaulted Girdhari Oraon as well as Mangra Oraon. She had gone to the field where she had seen her husband and Mangra Oraon lying on the ground.

In cross-examination she has stated that at th