D.N.UPADHYAY,J. - (1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 29 th March, 2008 and 31st March, 2008, respectively, passed by learned Additional Sessions Judge, F.T.C., Koderma in connection with Sessions Trial No.67 of 2005, corresponding to G.R. No.162 of 2003, arising out of Markacho P.S. Case No.22 of 2003, whereby the appellant has been held guilty for the offence punishable under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.10,000/ - and in default of making payment of fine, further to undergo rigorous imprisonment of one year.
(2.) The prosecution case, as it appears from the Fardbeyan of Shanti Devi, recorded on 11th April, 2003, at 17:00 hours, at Domchanch O.P., in brief, is that on 9th April, 2003 in the morning at 8:00 a.m. the appellant with his associates, who are named in the first information report, armed with Lathi and axe, entered into the house of the informant and caused assault to her husband -Anhach Rai. It is specifically alleged that the appellant caused assault to deceased by means of Lathi on his head. When the informant intervened, she was also subjected to assault by the appellant and his associates. The appellant and his associates after seeing the people coming to the house of the informant fled away from the place. It is further disclosed that Narayan Rai (P.W.2), son of the informant, had gone to borrow money from moneylender (MAHAJAN) for treatment of his injured father, but he was asked to collect money next day. On the next day, he received money from the said moneylender, but till then his father died in the evening at 5:00 p.m. Thereafter, on 11th April, 2003 Fardbeyan of Shanti Devi (P.W.6) was recorded and a case, being Markacho P.S. Case No.22 of 2003 dated 12 th April, 2003 under Section 302/34 of the Indian Penal Code against the appellant and other named accused was registered. The police after due investigation submitted charge sheet. Accordingly, cognizance was taken and case was committed to the court of sessions and registered as Sessions Trial No.67 of 2005.
(3.) Two of the accused persons, namely, Pritam Rai and Kailash Rai had absconded and they could not be put on trial. One of the accused, namely, Chandar Rai has been declared juvenile, as a result his case was split up from the remaining accused.;