H.C. Mishra, J. - (1.) Heard learned counsel for the appellant and the learned counsel for the State.
(2.) The appellant is aggrieved by the Judgement of conviction and Order of sentence dated 25.11.1992 passed by the learned Additional Judicial Commissioner, Lohardaga, in Sessions Trial No. 64 of 1988 / 73 of 1990, whereby the appellant has been found guilty for the offences under Sections 452 and 302 of the Indian Penal Code and has been convicted for the same. Upon hearing on the point of sentence, the appellant has been sentenced to undergo rigorous imprisonment for life for the offence under section 302 of the Indian Penal Code and rigorous imprisonment for two years for the offence under section 452 of the Indian Penal Code, and both the sentences have been directed to run concurrently.
(3.) According to the prosecution case, it is alleged that on 11.09.1986 at about 7:00 A.M. in the morning the appellant and his father were blocking the way of the uncle of the informant, which was objected, whereupon it is alleged that the appellant assaulted the uncle of the informant by spade which hit the wall and thereafter both the accused entered the courtyard of the uncle of the informant and they started assaulting him by spade and lathi. The informant was watching the occurrence from his house which was in front of the house of his uncle. Other family members were also present. Upon raising the alarm both the accused persons fled away. The uncle of the informant was brought to hospital, but he died in the way. The F.I.R. to the aforesaid effect was lodged on the basis of the fardbeyan of the informant, on the basis of which Kisko P.S. Case No. 28 of 1986, corresponding to G.R. No. 242 of 1986 was instituted and investigation was taken up. After investigation the police submitted the charge-sheet against both the accused persons. The other accused died during pendency of this appeal and accordingly, this appeal abated as against the co-accused appellant No.2, vide order dated 11.8.2016.;