BANDHANA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Nobody appears on behalf of the appellant to press this appeal. Accordingly, Mr. A.B. Mahata, learned panel lawyer, is appointed as Amicus Curiae to assist this court. Mr. Awani Kant Prasad, learned State counsel appears for the State. Both are directed to assist this court in this appeal in the second half.

(2.) This appeal is directed against the judgment of conviction dated 27.07.2002 and order of sentence dated 31.07.2002 passed by the learned Additional Judicial Commissioner, Fast Track Court, Ranchi in Sessions Trial No. 126 of 2002 convicting the appellant under sections 307, 324 and 341 IPC and sentencing him to undergo R.I. for ten years under section 307 IPC, R.I. for one year under section 324 IPC and S.I. for one month under section 341 IPC. However, all the sentences were directed to run concurrently.

(3.) The prosecution case in short is that on 17.10.2000 Jogendra Mahli (PW-1) aged about ten years was working as a labourer in the stone quarry. The appellant came there and caught him and put him down on the ground and with intention to kill him, he started cutting his neck by 'Hasua'. When Jogenera Mahli raised alarm to save him, other labourers and relatives of Jogendra came there and started throwing stone on the appellant, on which the appellant ran away.