Advocates:
['MOHIT PRAKASH', 'APP', '', 'HEMANT KR SHIKARWAR']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.Appeal(S) NO.838 of 2003

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Against the judgment of conviction dated 29.04.2003 and order

of sentence dated 30.04.2003 passed by Addl.District and

Sessions Judge, Fast Track Court NO.1, Gumla in

S.T.No.250/1989.

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Soma Oraon, son of Gendra Oraon, r/o village Bargaon, P.S.&

District- Gumla. ….. Appellant.

Vrs.

State of Jharkhand …... Respondent.

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PRESENT

HON'BLE MR. JUSTICE AMITAV K. GUPTA

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For the Appellant :Mr.Mohit Prakash , Advocate.

For the State : Mr.Arun Kumar Pandey, A.P.P.

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By Court: This appeal is directed against the judgment

of conviction dated 29.04.2003 and order of sentence dated

30.04.2003 passed by the learned Addl. District and

Sessions Judge, Fast Track Court no.1 Gumla, in

S.T.No.250/1989 whereby the appellant was found guilty and

convicted for the offence under Sections 324 I.P.C and

sentenced to undergo imprisonment for two years and a fine

of Rs.1000/- with a default clause of further imprisonment of

six months on failure to deposit the fine.

2. The prosecution's case in brief as per the

fardbeyan of the informant, Budhu Oraon(P.W.2) is that on

24.12.1981, at 12 noon, he was going to his plot of land and

when he reached near the Semal tree the accused , namely,

Soma Oraon armed with tangi came running there along

with his father, Gendra Oraon and mother, Birso Orain. It is

alleged that Birso Orain caught him and the accused, Soma

Oraon and his father, Gendra Oraon assaulted him with tangi

due to which he sustained injuries on his back, arm, ear and

head. Thereafter, Mahadeo Oraon(P.W.1) along with

Jowakhim Oraon and his daughter, Budhni Devi(P.W.3) came

there and the accused persons fled away. The informant was

brought to his home and thereafter taken to the hospital. It

is alleged that due to land dispute the accused persons had

assaulted the informant with fists and slaps.

On the basis of the fardbeyan, the police

registered Gumla P.S.Case No.196/1981 dated 24.12.1981

under Sections 323,324,307/34 I.P.C.

On completion of investigation, charge-sheet

was laid and the accused persons faced the trial on the

charges

2.

framed and the defence was of complete denial.

On the basis of the evidence on record

the trial court acquitted the co-accused, Birso Orain but

convicted the appellant for the offence under Section 324

IPC. It transpires from the record that one co-

accused,Gendra Oraon died during the trial.

3.

Learned counsel appearing for the

appellant, while assailing the impugned judgment, has

argued that it would be evident that the witnesses, namely,

P.W.1(Mahadeo Oraon), P.W.3(Budhni Devi), P.W.4(Soma

Oraon), P.W.5(Pandu Oraon) and P.W.6(Jatta Oraon) are the

brother, daughter, brother-in-law and nephews respectively

of the informant i.e. P.W.2(Budhu Oraon). That all of them

are related and highly interested witnesses and there is no

explanation as to why no independent witnesses were

examined as the occurrence had taken place in an open area

of the village. That the informant has also admitted that

there was a panchayati but surprisingly none of the

panchayat witnesses have been examined. That the

informant has, in his chief examination, deposed that when

he reached near the Semal tree the co-accused, Birso Orain

caught hold of him and the other two co-accused assaulted

him with tangi whereas in his cross-examination he has

stated th