PRADEEP KUMAR,J. - (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 27th November, 2002 passed by Additional District & Sessions Judge, XIth, Dhanbad in Sessions Trial No. 510/94, by which judgment he found the appellant guilty under Sections 304 of the Indian Penal Code and sentenced him to undergo R.I. for 7 years and to pay a fine of Rs. 500/- and in default of payment of fine further imprisonment of six months.
(2.) IT is submitted by the learned counsel for the appellant that during trial the only evidence has come from the evidences is that the appellant used to live in the same room with the deceased, Chandrika Prasad Yadav and there was some fight with him with regard to spelling of chair, but the same was intervened by the neighbour and lastly they have compromised the matter and stayed in the same room. On 31-12-91 they had taken food together and in the morning of 1-1-92 the deceased was found unconscious lying down on the stairs and since the appellant had gone out of station it was presumed that he committed the occurrence and there is no evidence that the appellant has committed the offence and as such the finding of the conviction is not correct and fit to be set aside. Learned counsel for the State has opposed the prayer and submitted that all the witnesses have stated it was the appellant, who was residing with the deceased in the same room and there was altercation in between them with regard to the some spelling of chair just on the previous night and after intervention of the neighbour they cooked and ate together and slept in the same room and when in the next morning the deceased was found unconscious lying down on the stairs and the appellant was not present there, hence there is direct suspicion about the accused, who has committed the offence. In that view of the matter, the appellant has rightly been convicted and it requires no interference by this Court.
(3.) AFTER hearing both the parties and going through the record, I find that the prosecution case was lodged after a long delay of one month on 2-2-92 by the informant, brother of the deceased P.W.8, Yubraj Prasad Yadav, who stated that after conducting the last rites of the deceased when he came back to Dhanbad where his brother was residing with the accused, then, he came to know that a fight took place between the accused and his brother on 30/31-12-91 and thereafter his brother was found unconscious lying down on the stairs and the accused had ran away from the place of occurrence.;