ANIL KUMAR UPADHYAY,J. - (1.) This jail appeal has been filed on behalf of the sole appellant Nathuni Thakur, son of Nanhu Thakur, against the judgment of conviction dated 17.09.2011 and order of sentence dated 20.09.2011 passed by learned Additional Sessions Judge, F.T.C.-II, Sitamarhi in Sessions Trial No. 569 of 2009/172 of 2009, arising out of Riga P.S. Case No. 138 of 2009, whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo RI for life and fine of Rs. 10,000/-.
(2.) This jail appeal was filed under Section 374 of the Cr.P.C. On 01.03.2012 the appeal was admitted and the lower Court records was called for. The Court admitted this appeal and appointed Mr. Ravindra Kumar Sinha, A.O.R. No. 0040 to appear as Amicus Curiae to assist the Court. When the appeal was listed for regular hearing neither the Amicus Curiae Mr. Ravindra Kumar Sinha, who appointed vide order dated 01.03.2012 nor any other counsel appeared. Under the aforesaid circumstance, we requested Ms. Shashi Bala Verma, learned Advocate to assist the Court as Amicus Curiae in this jail appeal considering the fact that the appellant Nathuni Thakur was apprehended in this case on 25.08.2009 and remained in custody for more than 8 years and is still in jail custody.
(3.) The present case was registered on the written petition filed on behalf of one Bimla Devi on 24.08.2009. In the written petition the informant has alleged that on 20.08.2009, at about 5.00 P.M. Nathuni Thakur (appellant) came to her house and asked her son Parmeshwar Kumar to accompany him and thereafter he gave Chhura blow near brick kiln, in order to commit murder of her son. She claimed that on hearing halla she along with her Dewar (P.W. 1) and other villagers reached the brick kiln of Ashok Prasad where she saw her son in injured condition and Nathuni Kumar was fleeing away and thereafter she along with others took her son for treatment to Sadar Hospital, Sitamarhi and thereafter to S.K.M.C.H., Muzaffarpur and finally to P.M.C.H., Patna where treatment of his son is going on. In the fardbeyan, she has stated that due to treatment of her son at P.M.C.H., Patna she could not report the matter earlier and when she come back from Patna, people told her that Nathuni Kumar (the boy, who gave Chhura blow) was apprehended by the mob and was also assaulted.;