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 prosecution has examined 17 witnesses. The informant is PW-1 and the Investigating Officer has been examined as PW-17. The Investigating Officer has inspected the place of occurrence, prepared the inquest report and recorded statement of the witnesses. He has recovered an iron angle of the size of 6.5'' x 3'', both ends angled and prepared seizure memo in presence of Sunil Toppo and Shani Tigga.

5. The prosecution has projected Ratan Ekka PW-1, Manu Tigga PW-2, Jitendra Linda PW-3, Manish Oraon PW-4 and Prashant Kachhap PW-12 as the eye witnesses.

6. The informant has deposed in the court that he has seen the appellant assaulting Rajan Oraon and Binod Kachhap with a rod which is used for moving generator. Rajan Oraon has suffered head injury and the appellant has assaulted Binod Kachhap on his face which has broken his jaw. He has stated that within half an hour of the incident, the police arrived at the place of occurrence. He has proved his signature on the fardbeyan which was recorded by the police at the place of occurrence. PW-2, PW-3, PW-4 and PW-12, who were sleeping with the informant in the intervening night of 27/28 th February, 2009, have seen the appellant assaulting Binod Kachhap and Rajan Oraon. They have stated that they were sleeping near the stage which was prepared for a group marriage organized by Sarna Sabha.

7. During their cross-examination, PW-1, PW-2, PW-3, PW-4 and PW-12 have remained firm and they have reiterated their statement in their examination-in-chief. Nothing material could be elicited by the defence during their cross-examination. Through their evidence the prosecution has proved assault by the appellant on Rajan Oraon.

8. The ocular evidence is corroborated by the medical evidence laid through Dr. Manoj Kumar Korah-PW-13 who has conducted the post-mortem examination on 28.2.2009 at about 10:45 a.m. He has found the following injuries:

(i) Seven abrasions viz of size 2 c.m. x c.m. on right lateral neck upper part of size 2 c.m. x1 c.m. on front of right shoulder, size 6 c.m. x 1 c.m. on back of right shoulder, fourth and fifth of size of 4 c.m. x 2 c.m. and of size 1 c.m. x c.m. on front of right knee joint and sixth of size 4 c.m. x 2 c.m. on front of right leg middle part and seventh size 5 c.m. x 2 c.m. on front of right foot.

(ii) Three lacerated wounds viz first of size 8 c.m. bone deep on front of right forehead, second of size 12 c.m. x 1 c.m. x bone deep at left parieto frontal adjoin left orbital region and third of size 6 c.m. x 2 c.m.x bone deep on front of right leg upper part with fracture of right tibia fibula bone.

9. According to the doctor, injuries found on Rajan Oraon were ante-mortem in nature and caused within 3 to 24 hours of the post- mortem examination. According to the prosecution, Rajan Oraon