K.P.DEO, J. - (1.) Heard learned amicus curiae and learned APP appearing on behalf of the State.
(2.) The present Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 18.09.2004 passed by learned 5th Additional Sessions Judge, Fast Track Court No. 2, Godda, whereby the sole appellant, Jome Pahariya has been convicted for the offence under Section 304 Part-II of the Indian Penal Code and further awarded sentence to undergo rigorous imprisonment for 7 years with a fine of Rs. 500/- and in default of fine, simple imprisonment for a period of 2 months.
(3.) The prosecution case as has been made out on the basis of the statement of one Jalia Paharin, wife of the deceased recorded by Sub Inspector of Police, N.K. Sharma, Sundar Pahari Police Station, on 01.11.2009 alleging inter alia as follows: It is alleged that 3 days ago on Friday ( i.e. 29.10.1999) in the night, husband of the informant, Dewa Pahariya (deceased), brother-in-law Jome Pahariya (appellant) were taking liquor in the courtyard inside the house of the informant. It is further stated that her husband started abusing the informant and thereafter the informant entered inside the room. It is further stated that after taking liquor, her brother-in-law went to his house which is situated beside her house as some altercation took place at the time of taking liquor. It is further stated that her husband was abusing her brother-in law. At around 11 p.m. in the night, after hearing the alarm and the abuses, the son of the informant Bamna Pahariya came and said uncle, the old man is creating nuisance, assault him so that he can improve. It is further alleged that Jome Pahariya (appellant) came with lathi and assaulted, the husband of the informant, upon which the informant came and raised alarm for rescue, but no one came as the neighbours went to village fair at Damru Mela. It is alleged that her husband after sustaining injuries died and thereafter Jome Pahariya (appellant) went to his house. The informant said that third day, when villagers returned after attending mela, then she disclosed about the incident and thereafter the villagers took the dead body and both the accused persons to the police station. The informant has said that because of non-availability of any person in the village, there is delay in informing the police. On the basis of the fardbeyan of the informant, police instituted First Information Report being Sundar Pahari P.S. Case No.31 of 1999 (dated 01.11.1999) under Sections 302/109/34 of the Indian Penal Code and after investigation, charge sheet dated 22.12.1999 against both the accused persons was submitted. ;