BIMAL SAHU Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Cr. Appeal is directed against the judgment of conviction recorded in Sessions Trial No. 627 of 1995 on 10.09.2002 and order of sentence passed by Shri D.K. Lal, VIIth Additional Judicial Commissioner Ranchi.

(2.) The Appellant was convicted under Ss. 341/323 -and part -II of Sec. 304 of the Indian Penal Code and accordingly sentenced to undergo Rigorous Imprisonment for one year each under Ss. 341 and 323 of the Indian Penal Code and Rigorous Imprisonment for three years under part -II of Sec. 304 of the Indian Penal Code. All the sentences were directed to run concurrently.

(3.) The prosecution story in short was that the informant Chanda Oraon presented a written report before the Hatia Police on 15.04.1994 stating therein that his brother Mangra Oraon was assaulted by Bimal Sahu brutally by holding him and (hereby it was requested to take appropriate step against the accused whereupon Hatia P.S. Case No. 70 of 1994 was registered on 15.04.1994 for the offence alleged under Ss. 341/323 of the Indian Penal Code against the accused Bimal Sahu. However, after investigation, the Investigating Officer submitted charge -sheet under Ss. 341/323 and 302 of the Indian Penal Code as the victim Mangra Oraon died in course of treatment on 30.06.1994. The case was committed and the learned Additional Judicial Commissioner, Ranchi Tramed the charge against the Appellant under Ss. 341/323 and under Sec. 304 of the Indian Pencil Code. No charge under Sec. 302 was proposed by the prosecution.