Kailash Prasad Deo, J. - (1.) Heard learned counsel for the appellant, Mr. Prabhat Kumar Sinha assisted by Mr. Diwakar Jha, Advocates as well as learned counsel for the State, Mr. Abhay Kumar Tiwari, Additional Public Prosecutor.
(2.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence both dated 23.12.2003 passed by learned Sessions Judge, Hazaribagh in Sessions Trial No. 262 of 1997 whereby the sole appellant, Bhuneshwar Mahto has been convicted for offence committed under Section 324 of the Indian Penal Code and awarded rigorous imprisonment for one year with a fine of Rs. 5000/- (fine amount shall be paid to the informant Sita Devi) and in default of payment of fine, appellant shall undergo further sentence of six months rigorous imprisonment. The appellant has been charged both under Section 302 and 201 of the Indian Penal Code but has been acquitted by the learned Trial Court.
(3.) Being aggrieved by the said impugned judgment of conviction and order of sentence, the present appeal has been preferred before this Hon'ble Court which has been admitted on 06.02.2004 and since then this Criminal appeal is pending before this Court.;