IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Appeal (D.B) No. 172 of 2000 (R)

with

Cr. Appeal (D.B) No. 163 of 2000 (R)

(Against the judgement of conviction dated 18.04.2000 and the order of sentence dated 22.04.2000 passed by the learned VIIth Addl. Judicial

Commissioner, Ranchi in Sessions Trial No. 665 of 1998)

1. Rajendra Oraon, son of Khairu Oraon

2. Baria Oraon, son of Kaila Oraon

3. Ramdhan Oraon, son of Late Khairu Oraon.

All are resident of village:Karge, Police Station-Bero, District-Ranchi.

..... … Appellants

[In Cr. Appeal (D.B) No. 172 of 2000 (R)]

1. Bhanua Oraon, son of Fakira Oraon resident of village:Karge, Police

Station-Bero, District-Ranchi.

….. ……. Appellant

[In Cr. Appeal (D.B) No. 163 of 2000 (R)]

Versus

The State of Bihar … … Respondents

(in both the cases)

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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

HON’BLE MR. JUSTICE ARUN KUMAR RAI

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For the Appellants : Mr. Sankalp Goswami, Advocate

[in Cr. App (DB) No.172/2000 (R)]

Mr. Dilip Kumar Prasad, Advocate

[in Cr. App (DB) No.163/2000(R)]

For the State : Mr. Subodh Kumar Dubey, APP

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C.A.V On 06.12.2025 Pronounced on 18/12/2025

Per Sujit Narayan Prasad, J.

1. Since both these appeals are arising out of the same trial being Sessions

Trial No.665 of 1998 and, as such, both are taken together.

2. These appeals under section 374(2) of the Code of Criminal Procedure,1973 are directed against the judgment of conviction dated 18.04.2000 and the order of sentence dated 22.04.2000 passed by the learned VIIth Addl. Judicial Commissioner, Ranchi in Sessions Trial No. 665 of 1998 whereby and whereunder the appellants, above-named, have been convicted under sections 302/34 of the Indian Penal Code and sentenced to undergo RI for life under section 302/34 of the Indian Penal Code.

3. The prosecution story, in brief, as per the fardbayan dated 21.04.1998, of the informant Rajendra Sahu (P.W.-7), recorded on 10.45 hrs. at village Karga, wherein informant has stated that at about 6 P.M. in the preceding evening, the father of the informant, namely, Keshwar Sahu went outside of his house in search of labour and he was following his father and was at a distance of about 25 feets. When at about 6.15 P.M, his father reached near the house of Mahrang Lohar (P.W.1), then the appellants, namely, Ramdhan Oraon, Rajendra Oraon, Baria Oraon and Bhanua Oraon, were hiding there from before, attacked his father with balua, sword and tangi and started cutting his father. Then, informant fled away and came to his house and disclosed the occurrence to the family and others. Thereafter, informant again went to the place of occurrence with chowkidar and found his father smeared with blood and he was dead. Informant alleged that Yogia Oraon, elder father of the Bhanua Oraon (appellant) and his father were litigating in High Court in a land related matter. His father and Khairu Oraon were also on litigating term for about 10 years, due to land dispute and due to this reason, the accused persons killed his father.

4. On the basis of the fardbayan of the informant, Bero PS Case No.26 of

1998 dated 21.04.1998 was registered under sections 302/34 of the IPC against the appellants. After investigation, the police submitted the charge sheet against the appellants for the offences under sections 302/34 IPC, and cognizance of the offence was taken and the case was committed to the court of Sessions.

5. Charge was framed under section 302/34 of IPC against the appellants and trial commenced and at the conclusion of trial appellants were convicted and sentenced as aforesaid.

6. The aforesaid order of conviction and sentence is under challenge in these appeals.

Submission of the learned counsel for the appellants:

7. Learned counsel appearing for the appellants have taken the following grounds for interfering with the finding recorded by the learned trial Court in the impugned judgment:

(i) The prosecution has miserably failed to establish the charge said to be proved beyond all reasonable doubt.

(ii) The further grou