AMRIT LAKRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed by the appellant against the judgment and order dated 10.4.1996 passed in Sessions Trial No. 192 of 1993 by Sri Pradeep Kumar, 1st Additional Sessions Judge, Gumla whereby both the appellants were found guilty and convicted for the offence punishable under section 304 Part -II I.P.C. and they were sentenced to undergo R.I. for three years each.

(2.) THE prosecution case has arisen on the basis of the fardbeyan of P.W. 1 Julias Tirkey, father of Augustin Tirkey, the deceased of this case, recorded by S.I. S.N. Pandey of Gumla Rs. on 2.1.1993 at 13.45 hours in the Sadar hospital, Gumla regarding the occurrence which is said to have taken place on 1.1.1993 in the evening and the case was initially instituted under sections 341, 323 and 307 I.P.C. only against accused Nirmal Oraon, who has died during the pendency of the trial. The injured Augustin Tirkey was removed for treatment in R.M.C.H., Ranchi where he succumbed to his injuries and offence under section 302/34 I.P.C. was added thereafter.

(3.) THE charge sheet has been submitted in this case against accused Nirmal Oraon aforesaid (since dead) besides appellants aforesaid as their participation in the occurrence came to light in course of investigation.