RANJIT KUJUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment dated 21.2.2002 and sentence dated 22.2.2002 passed by learned 2nd Additional Sessions Judge, Gumla in connection with S.T. No. 342 of 1993 corresponding to Gumla (Chainpur) P.S. Case No. 23 of 1993 dated 16.5.1993 (G.R. No. 367 of 1993), whereby the learned Additional Sessions Judge has found and held sole appellant Ranjit Kujur guilty for the offence punishable under Section 304 I.P.C. and sentenced him to R.I. for 10 years. The prosecution case as it appears from the fardbeyan of Birjit Tigga in brief is that on 14.5.1993 at about 4 p.m. Johan Kujur (husband of the informant) was roaming in the village. When he reached near the house of accused persons, namely, Ranjit Kujur and Xavier Kujur, they assaulted John Kujur by means of stick. On hulla, the informant and her daughter came out from their house and saw the incident. It is alleged that both the accused indiscriminately assaulted the deceased by means of slick, as a result he sustained injury on Ms head and fell down. When the deceased was lying on the ground, accused Ranjit Kujur (appellant) started pressing testicle, whereas Xavier Kujur was pressing neck of the deceased. The other witnesses named in the F.I.R. including daughter of the deceased reached to the place and after that injured Johan Kujur was brought home and some village treatment was provided to him, but on the next day i.e. on 15.5.1993 he succumbed to injuries. On 16.5.1993 in the morning, the fardbeyan of informant Birjit Tigga was recorded. On the basis of fardbeyan, Gumla (Chainpur) P.S. Case No 23 of 1993 u/s. 304 I.P.C. was registered.

(2.) Accused persons were charge-sheeted and case was committed to the Court of Sessions and registered as S.T. Case No. 342 of 1993. The charge under Section 304/34 I.P.C. against Ranjit Kujur and Xavier Kujur was framed and they were put on trial.

(3.) During trial altogether 11 witnesses have been examined and the prosecution has also proved documents as per exhibit list.