RANCHI, India, Sept. 24 -- Jharkhand High Court issued the following order on Aug. 25:

1. This appeal is directed against the judgment of conviction dated 27.11.2002 and order of sentence dated 28.11.2002 passed by learned Additional Sessions Judge Fast Track-II, Gumla in Session Trial No.270 of 1993, whereby and whereunder the appellants have been held guilty for the offences under Section 302 r/w Section 34 of Indian Penal Code and sentenced to undergo R.I. of life.

2. The instant appeal was originally preferred by eight appellants out of them, appellant No.3, Chhedna Oraon and appellant No.6, Aghnu Oraon died during pendency of this appeal and their appeal has been abated vide order dated 21.03.2025.

3. We have heard the argument of Mr. Harendra Kumar Mahato, learned counsel appearing for the surviving appellants and Mr. Pankaj Kumar, learned P.P. appearing for the State.

FACTUAL MATRIX

4. Factual matrix giving rise to this appeal is that the informant, Nirmal Singh lodged a report on 21.03.1993 at about 9 PM at Palkot Police Station stating inter alia that at about 6 PM, the informant heard hulla coming from Oraon Toli and saw that Paltan Singh and Bauwa Oraon were quarreling, meanwhile Bhullu Oraon, Jatru Oraon, Bauwa Oraon and Patu Oraon came there and caught hold of Paltan Singh and Mani Oraon and Chedna Oraon (since deceased) assaulted Paltan Singh by lathi due to which Paltan Singh fell down. Thereafter, Aghnu Oraon and Geja Oraon threw stones on the head of Paltan Singh. Ballu Nagesia and Jethu Nagesia assaulted on the head of informant by means of lathi on other parts of body. Paltan Singh succumbed to the injuries sustained in the above occurrence. The motive behind the occurrence was that Paltan Singh used to levy rice from the residents of Oraon Toli and with a view to get rid of him, the occurrence took place.

On the basis of above fardbayan of the informant, Palkot P.S. Case No.19 of 1993 was registered for the offences under sections 147, 148, 302 and 323 of Indian Penal Code. After completion of investigation, charge-sheet was submitted against them for the offences under sections 147, 148, 302 and 323 of Indian Penal Code.

5. Learned trial court took cognizance of the offences and committed the case to the court of Sessions where S.T. No. 270 of 1993 was registered. During course of trial, accused Bauwa Oraon and Patu Oraon died while the case of Geja Oraon was split up for trial under Juvenile Justice Act. Charges were framed against them on 09.05.1995. The accused persons did not plead guilty and claimed to be tried. After conclusion of trial, the impugned judgment of conviction and sentence has been passed, which has been assailed in this appeal.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=WSRFLpK7bpll%2Fzvq9H5YQuHCjDGPif2hgWscZKI%2By6waRQvnoUH8mm%2BuXVcGBBVu&caseno=Cr.A(DB)/105/2003&cCode=1&cino=JHHC010094622003&state_code=7&appFlag=)

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