- (1.) Instead of hearing an Interlocutory Application under Section 389 Cr.P.C., the learned counsel for both sides are ready for final hearing of this criminal appeal and upon their request, this criminal appeal is taken up for its final hearing looking to fourteen years custody of accused.
(2.) The present appeal has been preferred by the appellant-accused against the judgment of conviction dated 21st November 2003 and order of sentence dated 22nd November, 2003 passed by the 3rd Additional Sessions Judge, (FTC), Jamtara in Sessions Case No. 238/2000(21 of 2003), whereby the present appellant-accused has been punished for an offence under Section 302 of the India Penal Code for rigorous imprisonment for life and also this appellant has been convicted and sentenced for two years rigorous imprisonment under Section 201 of the Indian Penal Code and no fine has been imposed. Against this judgment of conviction and order of sentence, the present appeal has been preferred.
(3.) Case of prosecution:- It is the case of the prosecution that the deceased Chatamuni Marandi was not traceable from 2.2.2000 and she was missing. Her dead body was found out by P.W.-7-informant, Choukidar of the village. Her dead body was found on 6.2.2000 and P.W.-7 lodged the F.I.R on 6.2.2000 for murder of Chatamuni Marandi, whereas the dead body was partly eaten away by the animals. P.W.-7 put the criminal law in motion being an informant. The offence was registered at Nala Police Station in the District of Jamtara. Statements of several witnesses were recorded and the chargesheet was filed against this appellant-accused and the Sessions Case was committed being Sessions Case No. 238/2000(21/2003) before the Sessions Court. Depositions of 13 witnesses were given by the prosecution and this appellant has been convicted for life imprisonment for the murder of Chatamuni Marandi and the appellant was also punished for causing disappearance of evidence of offence for 2 years rigorous imprisonment under Section 201 IPC and both the sentences were ordered to run concurrently.;