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Crl. Appeal No. 136 of 1991-R. Case: Parna Oraon and Anr. Vs The State of Jharkhand. Jharkhand High CEGAT & CESTAT High Court

Judgment Cited in Precedent Map Related
Case NumberCrl. Appeal No. 136 of 1991-R
CounselFor Appellant: A.K. Chaturvedi, Adv. and For State: S. Sinha, APP.
JudgesN. Dhinakar, C.J. and R. R. Prasad, J.
IssueIndian Penal Code (45 of 1860) - Section 300
Judgement DateApril 27, 2006
CourtJharkhand High CEGAT & CESTAT High Court

Judgment:

1. The appellants, Parna Lohar and Ganesh Lohar, were arrayed as A2 and A1 before the Trial Judge, along with two others, Jingu Oraon and Afe Kujur, who were arrayed as A3 and A4 and who were acquitted by the Trial Judge. The Trial Judge, while acquitting Ganesh Lohar (A1) of the charge under Section 302 I.P.C., found the first appellant, Parna Lohar (A2), guilty under Section 302 I.P.C., for which he was sentenced to imprisonment for life. Ganesh Lohar, who was arrayed as A1, was found guilty only under Section 201 I.P.C. The first appellant (A2) was also found guilty under that section. Both of them, for the said offence, were sentenced to rigorous imprisonment for a period of five years.

2. P.W.1 Abdul Sattar is the father of the deceased Jainul. It is the case of the prosecution that at the time of Murma Mela, the first appellant Parna Lohar took loan of Rs. 200/- from the deceased but did not repay the amount.

3. At about 6.30 p.m. on 31-12-1986, while P.W.1 Abdul Sattar was in his house along with his son, Jainul, one Ram Dayal Mahto went to the house of P.W.1 and told Jainul that he is wanted by the first appellant. The deceased left the house with Ram Dayal Mahto. At that time, P.W.9 Shakhawat and P.W.4 Abdul Gaffar were in the house of P.W.1. The deceased who went with Ram Dayal Mahto did not return home that night. P.W.1...

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