RAMESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: Heard learned Amicus Curiae Mr. Mukesh Kumar Dubey and Learned counsel for the State Mr. Pankaj Kumar, Additional Public Prosecutor.

(2.) This appellant faced trial along with co-accused Rajdeo Oraon for the charge under sec. 376(2)(g) and 304/34 of the I.P.C for committing gang rape of Victim 'X' (name withheld) in furtherance of their common intention and also for commission of culpable homicide not amounting to murder as their act led to the death of the victim 'X'.

(3.) It needs to be mentioned at the outset that the above two accused persons were held guilty under Sec. 376(2)(g) and 304/34 of the I.P.C. This appellant was sentenced to undergo R.I. for life for his conviction under Sec. 376(2)(g) of the I.P.C and further to undergo R.I. for 10 years for his conviction under Sec. 304 Part II/34 of the I.P.C. The accused Rajdeo Oraon was sentenced to undergo R.I. for 10 years for his conviction under Sec. 376(2)(g) of the I.P.C and R.I. for 7 years for his conviction under Sec. 304 Part II/34 of the I.P.C. Beside the above, this appellant was imposed with a fine Rs.5000.00 under Sec. 376(2)(g) of the I.P.C and in default whereof to further undergo R.I for 6 months. Similar fine was imposed upon the co-convict Rajdeo Oraon. This appellant has remained in custody since his arrest on 9/8/2005. The co-convict Rajdeo oraon also preferred a criminal appeal before this Court being Criminal Appeal (SJ) No. 1019 of 2008. Learned Single Judge by judgment dtd. 14/3/2011 has been pleased to set aside the judgment of conviction and order of sentence recorded against the appellant Rajdeo Oraon by the learned Sessions Judge in Sessions Trial Case No. 09 of 2006 arising out of Manika P.S. Case No. 17 of 2005. The present appellant, the co-convict is before us assailing the same impugned judgment of conviction dtd. 18/3/2008 passed in same Sessions Trial Case No. 09 of 2006 and the order of sentence dtd. 19/3/2008.