Virender Singh, C.J. - (1.) WE have given priority to the instant appeal for its final consideration keeping in view the custody period of the appellant, which according to the noting of the Registry, turns out to be 19 years, 05 months and few odd days.
(2.) THIS Court has now been informed by the learned counsel for the appellant that the appellant has since been released from jail after serving the entire sentence including the remission. In short the case of prosecution as one finds from the fardbeyan (initial statement) of one Mani Nath Mahto (father of deceased) recorded on 04 -12 -1995 at 13 -30 Hrs by police inspector Rahe O.P. is that at about 9 A.M the accused Mukteshwar Mahto came to informant's house and requested Lakhicharan Mahato (informant's son) to accompany him to his house to give medicine to his child. The further story of prosecution is that after departure of Lakhicharan to the house of accused, at about 9.30 A.M., one Abhimanu Mahto (P.W. -1) came to the house of the informant and informed that Mukteshwar Mahto killed Lakhicharan with 'Basuli' (a sharp cutting weapon), whereupon the informant along with his nephew Kartik Mahto rushed to the house of accused Mukteshwar Mahto and saw Lakhicharan Mahto lying restless in injured condition and blood was oozing profusely from his head. The informant thereafter laid his injured son on a cot and wanted to remove him to the hospital for medical treatment but injured Lakhicharan Mahto died. The informant found a blood stained 'Basuli' lying in the courtyard of the accused Mukteshwar Mahto. Meanwhile, Harihar Mahto (P.W.2), Abhimanu Mahto (P.W. -1), Jharia Mahto (P.W. -8) and Lambodar Mahto (P.W -3) brought the accused Mukteshwar Mahto, who was trying to flee away. It is further alleged that on being asked, from the wife of the accused Mukteshwar Mahto, she told that her husband killed Lakhicharan Mahto with Basuli.
(3.) ON the basis of the aforesaid information, formal F.I.R 79/1995 dated 04th December 1995 came to be registered in police station Sonahatu under section 302 I.P.C and the investigation was started by sub inspector of police Maheshwar Jha (P.W. -9). After completion of investigation, challan was filed against accused to face trial, he was, accordingly charged for the offence punishable under section 302 I.P.C for which he (Mukteshwar Mahto) stands convicted and sentenced to undergo life imprisonment vide impugned judgment of learned 2nd Additional Judicial Commissioner Ranchi under section 302 IPC.;