- (1.) Seen the report of I.G. Prisons, dated 29.6.2011, in which it is said that the recommendation for release of the appellant Etwa Hapadgara, S/o Lodro Hapadgara, has already been sent by the State Sentence Review Board to the Government for approval on 27/05/2011. Nobody appears on behalf of the appellant. Mr. A.B. Mahato, learned panel counsel is hereby appointed as Amicus Curiae in this appeal to assist this Court in the second half and Mr. S.N. Rajgarhia, learned APP is directed to appear on behalf of the State, for final hearing. Lateron:- - Heard Mr. AB. Mahato, learned Amicus Curiae for the appellant and Mr. Rajgarhia, learned APP for the State finally on the merit of the appeal.
(2.) This appeal is directed against the judgment of conviction and sentence passed on 10th March. 2003 by Sri Raghubar Dayal, Additional Sessions Judge, F.T.C. No.-II, Chaibasa in Sessions Trial No. 09 of 1996, whereby the sole appellant has been found guilty for committing the offence under Section 302 of the Indian Penal Code and, thereby, he has been sentenced to undergo R.I. for life.
(3.) The prosecution case, in short, is that on 31 /07/1995, at about 8 p.m., when the informant and his family members, including the deceased Champa Lugun, were taking their meal inside the house, Champa Lugun came out of the house of the informant. The appellant-Etwa Hapadgara, who was standing there from before, assaulted Champa Lugun by means of lathi due to which he sustained injuries on his head, temporal region, nose, abdomen and other parts of the body and he fell down. The informant and other tried to save him. The appellant fled away towards his house. It was found that Champa Lugun was dead. The reason behind the occurrence was that Champa Lugun (the deceased) had hot talk with Etwa Hapadgara when he asked the appellant as to why he met with his daughter Purungi Lugun.;