H.C. Mishra, J. - (1.) Heard learned counsel for the appellant, learned counsel for the Informant as also learned counsel for the State.
(2.) This appeal is directed against the Judgment of conviction dated 15th of February, 2007, and Order of sentence dated 17th of February, 2007, passed by the learned Sessions Judge, Hazaribag, in Sessions Trial No. 179 of 2004, whereby the present accused has been convicted and sentenced for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo rigorous imprisonment for life and fine of Rs. 15,000/- for the said offence.
(3.) It may be stated that along with the present appellant, four other accuseds had also faced the trial, out of whom, three were acquitted and one accused Md. Irfan @ Dablu was also convicted and sentenced for the offence under Sections 302 / 34 of the Indian Penal Code, who had filed a separate appeal, being Criminal Appeal (D.B.) No. 318 of 2007 and the same was allowed separately, in view of the fact that the said accused was not sent up for trial after investigation of the case, and only after the evidence of all the material witnesses, he was summoned to face the trial under Section 319 of the Indian Penal Code, but those material witnesses were not examined afresh on recall, rather some of them were only put to further cross-examination. So far as the present accused is concerned, the charge-sheet was submitted against him and he had faced the trial from its very beginning and all the witnesses have been examined in the presence of the present appellant.;