Kailash Prasad Deo, J. - (1.) Heard learned Amicus Curaie appearing for the appellant and learned Additional Public Prosecutor for the State.
(2.) The instant Criminal appeal is directed the Judgment of conviction dated 23.09.2003 and order of sentence dated 25.09.2003, passed in Sessions Trial No.19 of 2003 passed by the learned 1st Addl. District & Sessions Judge, Latehar, whereby the sole appellant has been charged under Section 302/34 of the Indian Penal Code and has been convicted under Section 304 Part II of the Indian Penal Code and has been awarded rigorous imprisonment for seven years and a fine of Rs.3000/- and in case of default in payment of fine, simple imprisonment for one year. However, both the sentences are directed to run concurrently. Being aggrieved by and dissatisfied with the impugned judgment of conviction and order of sentence, the instant Criminal Appeal (Jail) has been preferred before this Court on 16.01.2004 and amicus curiae was appointed and vide order dated 11.10.2004, the sentence of the appellant was suspended and the appellant was released on bail, since then the matter is pending before this Hon'ble Court.
(3.) The brief facts of the prosecution case, as stated in the 'fardbeyan' of the informant, Geeta Devi (P.W.6), wife of the deceased (Bahadur Ram) recorded by the Officer-in-charge, Barwadih Police Station on 24.06.2002, alleging therein, that at 13 hours, her husband (Bahadur Ram), aged about 45 years, has gone along with his maternal uncle, Tuna Ram on 19.06.2002 in the evening for dinner. Her husband did not return in the night and in the morning, her husband came having injuries on head and back, who disclosed that Tuna Ram (S/o Maloki Ram), Baijnath Ram, Rajnath Ram, and Shivnath Ram, all three sons of Tuna Ram have assaulted him and because he was not able to walk in the night, he did not returned in the night and fell on a cot. The informant has alleged that because of scarcity of money, no medical assistance was provided to her husband nor any information was given to the Police. Her husband has disclosed to her that the accused, Tuna Ram has assaulted him alleging that he had illicit relation with his widow daughter-in-law. The informant has further stated that on 24.06.2002 (Monday), her husband died at 8.00 a.m. Thereafter information was given to the co-villagers and other members of the family as the last rites has to be performed, but the villagers asked her to inform the Police and thus, came to the Police Station. On the basis of the aforesaid 'fardbeyan' of the informant, the Police instituted First Information Report being Barwadih P.S. Case No. 36 of 2002, dated 24.06.2002 under Sections 302/34 of the Indian Penal Code.;