JUDGMENT

Shree Chandrashekhar, J. - The sole appellant has suffered conviction and sentence of R.I. for life and fine of Rs. 10,000/- under section 302 of the Indian Penal Code.

2. The appellant has been acquitted of the charge under section 324 and section 307 of the Indian Penal Code.

3. Ratan Ekka is the informant in this case. In his fardbeyan he has stated that on 28.2.2009, at about 10 a.m. he along with Mannu Tigga, Jitendra Linda, Prashant Kachhap and Manish Oraon was engaged in preparation for a group marriage which was organized by Sarna Sabha. After the ceremony, they were sleeping there. Binod Kachap and Rajan Oraon had gone for sleep on the stage. At about 2:30 a.m. in the night, Arjun Linda came there and started assaulting Binod Kachhap and Rajan Oraon with iron channel used for moving a generator. On hearing sound, they woke up and saw Arjun Linda assaulting both of them indiscriminately. Due to the injuries suffered by Rajan Oraon on his head and face he died on the spot and the injured Binod Kachhap was taken for treatment to RIMS, Ranchi.

4. On the basis of his fardbeyan, Dhurwa P.S. case no. 40 of 2009 was registered against the appellant. During the trial the pr