BINNI ORAON Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 17th May, 2003, passed by the Additional Judicial Commissioner, F.T.C. , Ranchi in connection with Sessions Trial no. 202 of 1993 corresponding to G.R. Case no. 1556 of 1990, Mander P.S. Case no. 40 of 1990, whereby the appellant has been held guilty for the offences punishable under sections 448 and 304 of the Indian Penal Code and sentenced to undergo R.I. for life u/s 304 I.P.C. and to pay fine of Rs. 5,000/- to the dependent of the deceased and further sentenced to undergo R.I. for six months u/s 448 I.P.C. The sentences so passed were directed to run concurrently.

(2.) The prosecution case,in brief, is that on 9.5.1990 at about 8 p.m. while informant was sleeping in his house, the appellant committed house trespass and caused assault to Pairo Oraon by means of tangi, on his head and fled away. The occurrence was witnessed by the informant who happens to be the wife of Pairo Oraon. The injured was removed to hospital where some treatment was provided and he was referred to R.M.C.H., Ranchi, but, could not survive. On the basis of written report lodged by Puski Oraoin PW-2, Mander P.S. Case no. 40 of 1990 dated 10.5.1990 U/s. 324 ,448 I.P.C. was registered. After death of Pairo Oraon Section 304 I.P.C. was added. After due investigation, charge sheet was submitted and, accordingly, cognizance was taken and case was committed to the Court of Sessions and registered as Sessions Trial no. 202 of 1993.

(3.) The appellant stood charged for the offences punishable under sections 448 and 304 I.P.C. to which he pleaded not guilty and claimed to be tried. To substantiate the charges the prosecution has examined altogether five witnesses including informant Puski Orain PW.2, Dr. Ajit Kumar Choudhary PW-3 who conducted post-mortem examination on the dead body of Pairo Oraon. Barju Orain PW-1 happens to be daughter of deceased and she has supported the prosecution case. The learned Additional Judicial Commissioner, Fast Track Court placing reliance on the evidence and documents available, held the appellant guilty u/s 448 and 304 I.P.C. and inflicted sentences as indicated above.