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 section 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 Section 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 Section 376(2)(g) of the I.P.C and further to undergo R.I. for 10 years for his conviction under Section 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 Section 376(2)(g) of the I.P.C and R.I. for 7 years for his conviction under Section 304 Part II/34 of the I.P.C. Beside the above, this appellant was imposed with a fine Rs.5000/- under Section 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 09.08.2005. 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 dated 14.03.2011 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 dated 18.03.2008 passed in same Sessions Trial Case No. 09 of 2006 and the order of sentence dated 19.03.2008.

4. The prosecution case has unfolded on the basis of the fardbeyan of Neema Oraon, husband of victim ‘X’ and is the basis for institution of the formal F.I.R being Manika P.S. Case No. 17 of 2005 dated 08.08.2005 under Section 376/304/34 of the I.P.C against the two named accused persons. The informant Neema Oraon (P.W.4) whose fardbeyan was recorded at 7.30 hrs. on 08.08.2005 at Persani Village by the Sub Inspector of Police Awadh Kumar Yadav, Officer-in-charge of Manika Police Station (Latehar) inter alia alleged as follows:

On the previous night his whole family had gone to sleep after taking meal when at 10 P.M. brother-in-law of his son, Prabhu Oraon came to their house and requested the wife of the Informant, Victim ‘X’ to come along with him in search of country made liquor. He returned after one hour and told that victim ‘X’ is trembling and asked them to bring her. Thereupon the Informant, his daughter Prabha and the accused Rajdeo Oraon went to the place pointed out by Rajdeo Oraon where other villagers Siban Oraon and Sugan Oraon had also reached on hearing brawl and all these persons were questioning Rajdeo Oraon. As soon as they came on the road they heard a scream from behind the bush “Ayo Dada Mua Dele”( complaining that she is being killed ). Informant and others went towards the bush and saw one person committing rape upon victim ‘X’ who on seeing them started fleeing away. They chased him and caught hold of him. He disclosed his name as Ramesh Kumar of village Khijri Nawatoli, District Simdega (appellant herein). Victim ‘X’ was in a stage of unconscious and her under garments were exposed. They picked her up and brought to the house. She was vomiting and at 5.00 A.M. she died. This incidence was seen by Akhilesh Oraon, Jagtar Oraon, Khiru Oraon, Sukan Oraon by their own eyes. On these allegations, Informant asserted that accused Ramesh Kumar and Rajdeo Oraon have together committed rape upon the victim ‘X’ after intoxicating her, which has resulted in her death.

5. Upon completion of