Pradeep Kumar, J. - (1.) NO body appears on behalf of the appellant on repeated call. Then, on the request of the Court Mr. Suresh Kumar, Adv., argued the case as amicus curie on behalf of the appellant.
(2.) THE appeal is directed against the judgment of conviction and order of sentence dated 21st January, 2000 passed by Sri Harballava Chandra Prasad, Additional District & Sessions Judge, Simdega in Sessions Trial No. 279 of 1996, by which judgment he found the appellant guilty under Section 304 Part I of the Indian Penal Code and sentenced him to undergo R.I. for 7 years. Considering the fact that the appellant is in jail custody since 28.6.96 and the appellant 's action was not premeditated nor he had any intention to cause death of the deceased. It is submitted by the learned Counsel for the appellant that the bail of the appellant was refused when the appeal was admitted on 14.3.2000 and he has remained in custody for more than 7 years. The State has got no ground for enhancement and since there is no evidence that the appellant had any intention to cause death of the deceased and as such the appellant should be released forthwith.
(3.) AFTER hearing both the parties and going through the record, I find that the prosecution case was started on the basis of a Fardbeyan given by one Bagi Kujur on 26.6.96 at 21.30 hrs. before the Officer -in -charge, Thethai Tangar Police Station stating therein that on the same day at about 12 p.m. in the noon he had gone to the market and when he was returning from the market at about 3 p.m. then his mother was grazing her cattle at Bazar Tanr about 100 yards from his house. Then, at about 4 p.m. the accused -appellant, Sohrai Toppo came armed with a 'Tangi ' and went to the place of occurrence where his mother was grazing the cattle and suddenly he gave a 'Tangi ' blow on her neck He ran towards his mother, but before he could reach the accused -appellant fled away after giving one or two 'Tangi ' blow to his mother -deceased. Then, he made 'Hullah' and found that his mother received injuries on her neck and right pakhura and bleeding was coming out and she died after sometime. On hearing 'Hullah' the villagers, namely, Mangu Tirkey and Laxmi Oraon etc. assembled there and saw the dead body and stated that the accused -appellant, Sohrai Toppo used to say that his mother was a witch due to which his wife was ill and she died on the same day.;