- (1.) This appeal has been preferred through jail and the legal aid has been given by the Jharkhand State Legal Services Authority. There was a delay of 3347 days in preferring the criminal appeal, which was condoned by this Court and looking to the period of custody this appeal was fixed for final hearing and today it has been heard for final hearing.
(2.) This appeal has been preferred by the appellant being aggrieved and dissatisfied by the judgment and order of conviction and sentence passed by Additional District Sessions Judge F.T.C., Lohardaga in S.T. No. 193 of 1997 dated 28.04.2004 and 29.04.2004 respectively, whereby this appellant has been convicted for the offence punishable under Section 302 of the I.P.C. for life imprisonment and 3 years simple imprisonment for the offence punishable under Section 323 of the I.P.C.
(3.) It is a case of the prosecution that P.W.9 gave fardbeyan before the Lohardaga police came at Sadar hospital on 17.09.1995 at 18.15 hours. That on 17.09.1995 at about 17 hours his uncle the present appellant came at the house of P.W.9 Jyotish Kumar Sahu with a stick in his hand and he was addressing P.W.9 as well as the mother of P.W.9 and the grand mother of P.W.9, that go out of the house otherwise he will kill and he will also damage their house. Hearing this threat father of P.W.9 Laxmi Narayan Sahu (P.W.3) came out of the house and he told this appellantaccused that why he is damaging the house of P.W.9 and his house. Immediately this appellant started beating with a stick to the informant as well as to the father of the informant (P.W.3) and the grand mother (deceased) as well as the mother of the P.W.9 and other family members. Thereafter upon hearing alarm of P.W.9 and other family members and other persons residing near the vicinity reached at the place of occurrence and immediately P.W.9 i.e. the informant, the father of P.W.9 who is P.W.3 and the mother of the informant who is P.W.1 and the grand mother of P.W.9 were taken to the hospital where the grand mother of the informantP.W9 who is Radho Devi expired immediately on the next date because of the injury sustained by her and therefore, fardbeyan was given by P.W.9 in Sadar Hospital at Lohardaga. Upon recording the fardbeyan, F.I.R. was lodged, investigation was carried out, statements of several witnesses were recorded and charge sheet was filed. The case was committed to the Court of Session being S.T. No. 193 of 1997 and on the basis of evidence of P.Ws.1 to 9 and also on the basis of other documentary evidence on record , Additional District and Sessions Judge, F.T.C., Lohardaga convicted this appellant for causing murder of the deceased and punished for life imprisonment. This appellant has also been convicted for three months simple imprisonment for the offence punishable under Section 323 of the I.P.C. Against this judgment and order of conviction and sentence passed by the trial court dated 28.04.2004 and 29.04.2004 respectively, the present appeal has been preferred .;