RANCHI, India, June 3 -- Jharkhand High Court issued the following order on May 5:

1. Heard Mrs. Rashmi Kumar, learned counsel for the appellants and Mr. S.K. Srivastava, learned A.P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 12-06-2012 passed by Sri Satish Chandra Singh, learned Principal Sessions Judge, Simdega in ST No. 100/09 whereby and whereunder, the appellants have been convicted for the offence punishable under Section 302/34 IPC and have been sentenced to undergo rigorous imprisonment for life.

3. The prosecution case arises out of the fardbeyan of Sanul Kerketta recorded on 02.01.2009, in which it has been stated that on 01-01-2009 at 7:00P.M, the father of the informant, Bhauwa Kerketta had a quarrel with respect to Pahan related land in front of the house of Anup Kerketta. On 02.01.2009, the father of the informant at 5:00a.m. had gone to sprinkle water in his potato field when Anup Kerketta, Pila Pahan, Sunil Pahan and Anmol Pahan came with lathis and indiscriminately assaulted the father of the informant and when the informant along with his family members went to save his father, the accused persons had fled away. The father of the informant was brought to Primary Health Centre, Kolebira for treatment where the doctors declared him dead. The reason for the occurrence is the dispute between both the sides with respect to share of the Pahan related lands.

Based on the aforesaid allegations, Kolebira PS case No. 01/ 09 was instituted under Section 341/323/302/34 IPC. On completion of investigation, charge sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions where it was registered as ST No. 100/09. Charge was framed against the accused under Section 302/34 IPC which was read over and explained to them in Hindi to which they pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as eight witnesses in support of its case:

P.W.1 Binod Tete did not support the case of the prosecution and was declared hostile by the prosecution.

P.W.2 Markus Kerketta has stated that on 02.01.2009, he was in his house when he heard an alarm from the family members of Bhauwa Kerketta and when he went to the place of occurrence, he found Bhauwa Kerketta, lying in an injured state. The children, mother and son-in-law Bhauwa Kerketta were making arrangements to take him to a hospital. On being asked, the wife of Bhauwa had disclosed that Pila Pahan, Anup Pahan, Anmol Pahan and Sunil Pahan had assaulted Bhauwa Kerketta and injured him. He was taken to Kolebira Hospital, where doctors declared him dead.

In cross-examination, he has deposed that he was sleeping when, on hearing a cry of alarm, he had got up. The Police had recorded his statement in the Police Station.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=LfKgAEL6K8Sqqfv6TysK%2BP%2BnfofQp5gF7MYBXhy8nKaGTfORYAoHSj0Vt6cZz6%2BU&caseno=Cr.A(DB)/764/2012&cCode=1&cino=JHHC010105892012&state_code=7&appFlag=)

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