- (1.) BOTH these appeals arise out of the judgment dated 14th September, 2004 passed by Shri Nalin Kumar, Additional Sessions Judge (ETC.) No. V, Deoghar in Sessions Case No. 250 of 2001 convicting the appellant Samar @ Samo Das under Section 307 I.P.C. and sentencing him to undergo R.I. for life and three years R.I. for the offence under Section 201 I.P.C.. Both the sentences were directed to run concurrently. Appellant Kelu Yadav has been convicted under Section 201 I.P.C. and sentenced to undergo R.I. for three years. Counsel for the appellant Samar @ Samo Das submitted that he is pressing the appeal only on the question of sentence. He submitted that the appellant Samar @ Samo Das has remained in jail for more than 11 years and he is an old man now aged around 60 years.
(2.) REGARDING appellant Kelu Yadav, it is submitted that the prosecution has not been able to prove the charges against him under Section 201 I.P.C. After carefully going through the records and hearing the parties at length, in our opinion, the prosecution has not been able to prove its charges against appellant Kelu Yadav under Section 201 I.P.C. Accordingly, he is acquitted of the charges.
(3.) SO far as Samar @ Samo Das is concerned, in the facts and circumstances of the case and keeping in view his age and detention of more than 11 years, we are inclined to convert the life sentence to the period already undergone by him.;