IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Appeal (DB) No.99 of 1994

(Against the Judgment of conviction and Order of sentence dated 3^rd

February, 1994 passed by the 3^rd Additional Sessions Judge, Deoghar in

Sessions Case No.17 of 1991)

1. Lakhiram Hembram @ Lukhiram Hembram [Died during Pendency of

the appeal]

2. Abhilash Hembram [Died during Pendency of the appeal]

3. Santan Hembram

4. Chhotenath Hembram

5. Anand Hembram [Died during Pendency of the appeal]

….

Appellants

Versus

The State of Bihar (Now Jharkhand)

…..

Respondent

P R E S E N T

HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

HON’BLE MR. JUSTICE SUBHASH CHAND

…..

For the Appellants

: Mr. Arvind Kumar Choudhary, Advocate

For the State

: Mrs. Priya Shrestha, A.P.P.

…..

C.A.V. on 25.01.2023

Pronounced on 02.02.2023

Subhash Chand, J.:- Heard learned counsel for the appellants and learned counsel

for the State.

1. The instant criminal appeal is preferred on behalf of the

appellants against impugned Judgment of conviction and Order of

sentence dated 3^rd February, 1994 passed by the 3^rd Additional

Sessions Judge, Deoghar in Sessions Case No.17 of 1991, whereby,

the appellants no.1 Lakhiram Hembram @ Lukhiram Hembram and

the appellant no.3 Santan Hembram have been convicted for the

offence under Sections 302/323/325 of the Indian Penal Code and

they were sentenced to undergo rigorous imprisonment for life under

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Cr. Appeal (DB) No.99 of 1994

Section 302 of the I.P.C. and no any separate sentence was awarded

to them under Sections 323 and 325 of the I.P.C. The appellant no.2

Abhilash Hembram and the appellant no.4 Chhotenath Hembram are

convicted and sentenced to undergo rigorous imprisonment for 5

years each under Section 325 of the Indian Penal Code further they

are convicted and sentenced to undergo rigorous imprisonment for

one year each under Section 323 of the I.P.C. The appellant no.5

Anand Hembram was convicted and sentenced to undergo rigorous

imprisonment for one year under Section 323 of the Indian Penal

Code.

2. The prosecution case in brief is that the written information

was given by Lakhan Hembrom at the police station concerned with

the allegations that there was custom in village Kharko on the

occasion of Bandhna festival that all the people of village sing and

dance in the streets of the village. There were two parties in the

village on 13.01.1987 and it was Tuesday night 8 o’ clock after

having taken food while singing and dancing reached near the house

of one Anil Rana in a street. At the same time some persons of other

party of the village who also arrived dancing and singing among

them Lukhi Ram Hembrom, Lubin Hembrom, Gome Hembrom,

Santan Hembrom, Chotenath Hembrom, Anand Hembrom, Moti

Hembrom, Ravan Murmu, Obinath Hembrom, Maneshar Hembrom,

Avilash hembrom, Jeevan Hembrom and Madan Soren were also

present. A small harmonium in village was defective which was at the

house of the persons of the party of informant. The persons of the

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Cr. Appeal (DB) No.99 of 1994

opposite party made demand of harmonium which was told to be

defective by the persons of the informant—party. At this the persons

of another party got annoyed and Santan Hembrom, Lukhiram

Hembrom brought iron rod and Chotenath Hembrom, Avilash

Hembrom, Motilal Hembrom brought lathi from the house. Santan

Hembrom and Lukhiram Hembrom both assaulted with iron rod and

Moti Hembrom and Anand Hembrom assaulted with lathi to Sahdeo

Soren on his head and body. On account of the sustaining injuries

inflicted by Santan Hembrom, Sahdeo Soren fell down on the ground.

The informant (Lakhan Hembrom) reached to rescue him at this

Santan Hembrom also assaulted him with rod and Abhilash assaulted

with lathi on his back. Shiv Narayan Hembrom was also assaulted

with iron rod by Santan. Chotena