IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (D.B.) No. 778 of 2002 [Against the Judgment of conviction and Order of sentence dated 10.10.2002 and 11.10.2002 respectively passed by learned Addl. District and Sessions Judge, Fast Track Court-I, Gumla in S.T.No. 188 of 2001]

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1. Bandhana Oraon, Son of Handu Bhagat

2. Kishun Oraon, Son of Handu Bhagat Both are resident of Village-Kurkel, P.S. Chainpur, Dist. Gumla … .... …. Appellants Versus The State of Jharkhand .... .... .... Respondent ------

For the Appellant s : Mr. A.K. Chaturvedi, Advocate For the Resp. State : Mr. V.K. Vashistha, Spl.PP PRESENT HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

JUDGMENT

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CAV On 15/10/2025 Pronounced On 30/10/2025 Per- Pradeep Kumar Srivastava, J.

1. The instant criminal appeal was originally preferred by six appellants, out of them, appellant Nos. 1, 4, 5 & 6 died during the pendency of this appeal and their appeals stand abated vide order dated 19.08.2025.

2. This appeal is heard on behalf of appellant No. 2 namely Bandhana Oraon and appellant No. 3 namely Kishun Oraon.

3. The instant criminal appeal is directed against the Judgment of conviction and Order of sentence dated 10.10.2002 and 11.10.2002 respectively passed by learned Addl. District and Sessions Judge, Fast Track Court-I, Gumla in S.T.No. 188 of 2001, whereby and whereunder the appellants have been held guilty for the offences under sections 302/149 of the Indian Penal Code and sentenced to undergo R.I. for life.

4. We have already heard the arguments of Mr. A.K. Chaturvedi, learned counsel for the appellants and Mr. Vinit Kumar.

Vashistha, learned Spl.PP for the State.

Factual Matrix:-

5. The factual matrix giving rise to this appeal is that on

09.02.2001, the younger brother namely Ramji Oraon of Informant (P.W.-7) had gone to Kashir Bazar. In the evening, at about 7:00 PM, the informant heard Halla of Bachao-Bachao coming towards roadside. Upon this, informant(P.W.7) Sitaram Uraon along with his wife namely Kamli Devi (P.W.6) went to road and saw that the accused persons namely Handu Oraon armed with Lathi, Bandhana Oraon, Santosh Uraon and Jay Mangal Oraon armed with Tangi and Kishun Oraon and Budhram Oraon armed with Danda and Rupan Oraon armed with Baluwa were indiscriminately assaulting to the brother of the informant with the respective weapons. The informant and his wife tried to save him but the accused persons threatened them to kill. Thereafter, all the accused persons fled away saying that they have killed Ramji Oraon and if any case before the Police is lodged, they will also kill the informant. It is alleged that informant brought his brother Ramji Oraon to his home but he died. The motive behind the occurrence is previous enmity between the parties.

On the basis of above information, Chainpur P.S. Case No. 6/2001 FIR was registered for the offences under sections 147, 148, 149, 302 of IPC. After completion of investigation, charge-sheet was submitted for the aforesaid offences against the above appellants.

6. The case was committed to the Court of Sessions where the appellants did not plead guilty and claimed to be tried. After conclusion of trial, impugned judgment was passed which has been assailed in this appeal.

7. In the course of trial, altogether 9 witnesses were examined by the prosecution.

P.W.-1 Shekhar Oraon (Elder brother of the informant)

P.W.-2 Sita Devi P.W.-3 Jagmani Devi (Widow of deceased) P.W.-4 Mangru Oraon (Father of deceased)

P.W.-5 Guddu Oraon P.W.-6 Kamli Devi (wife of the informant)

P.W.-7 Sitaram Oraon (Informant)

P.W.-8 Dr. A.D.N. Prasad P.W.-9 Ramanand Prasad (Investigating Officer)

8. Apart from oral testimony of the witnesses, following documentary evidence has also been adduced by the prosecution: -

Ext.1- Signature of Shekhar Oraon in Seizure List Ext.1/1-Signature of Mangra Oraon in Seizure List Ext. ½ & 1/3 -Signature of Shekhar Oraon and Mangra Oraon in Inquest Report Ext. ¼- and 1/5 – Signatrue