SHIV KUMAR ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present appeal is directed against the judgment of conviction passed by the Add!. Sessions Judge (FTC), Latehar in S.T. No. 41 of 2002 on 10.11.2003 for the charge under sections 364N302/201 of the Indian Penal Code whereby and whereunder the appellant Shiv Kumar Oraon was sentenced to undergo life imprisonment under section 364A. again imprisonment for life under section 302 with fine of Rs. 10,000/ - with default stipulation and finally 5 years rigorous imprisonment under section 201 of Indian Penal Code. It was directed by the trial court to deliver 60% of the fine amount to the father of the deceased (informant) and the sentences to run concurrently. We find that the operation portion of the order lackes clarity in the impugned judgment.

(2.) THE brief facts of the case as it stands narrated in the Fardbeyan of the informant, Deo Raj Sao was that in the night of 5.9.2001 at about 9.30 O'clock, about 8/10 persons arrived at his house and knocked the door on the pretext that they were guests. When his son Kundan Prasad opened the door, all the culprits took him away alongwith his another son Nandan Prasad (since deceased) and his nephew Sudarshan Prasad. The culprits tied the hands of all the three boys and took them in the deep forest. It was further alleged that the miscreants let off Kundan Prasad and Sudarshan Prasad after extending some torture with the condition to bring ransom of Rs. 1.5 lakhs to secure the release of their brother Nandan Prasad. The matter was informed to the police by the informant in the night of occurrence itself. The informant started searching his son after communication from the witnesses Nandan Prasad and Sudarshan Prasad on their return. On 9.9.2001 pursuant to the information received that a dead body of an unknown person was lying in the bogey No. 93466 of the goods train at Khelari -Dakra railway siding, he alongwith his son Kundan Prasad went there and identified that the dead body belonged to his son Nandan Prasad who was killed by the miscreants for non -payment of ransom. However, the informant claimed in his statement before the police that his elder son as well as nephew could recognize the culprits by their faces, if produced before them. Latehar P.S. Case No. 85 of 2001 was registered on 12.9.2001 on the statement of the informant for the offence under sections 364A/302/201 of Indian Penal Code against 8/10 unknown culprits.

(3.) C .w. 1 Dilip Kumar, Dy. Superintendent of Sub -Divisional Hospital, Latehar was produced as court witness who held autopsy on the body of Nandan Prasad on 10.9.2001 and found the following injuries: -