- (1.) HEARD learned counsel for the appellant and learned counsel for the State.
(2.) THIS appeal is directed against the judgment of conviction dated 4.7.2002. and order of sentence dated 8.7.2002 passed by Shri Rajeev Kumar, 5th Additional Sessions Judge, Palamu at Daltonganj in Sessions Trial No. 219 of 1995 by which judgment learned Additional Sessions Judge found the appellant Francis Xavier Bara guilty under Section 304 of the Indian Penal Code and sentenced the appellant to undergo R.I. for three years and to pay a fine of Rs.10,000/ -. It is submitted by learned counsel for the appellant that absolutely there is no evidence against the appellant that he committed the murder of anybody nor there is evidence that even with intention or without intention he caused any injury to the deceased. In that view of the matter, the conviction of the appellant is bad in law and accordingly in view of the facts this case is fit to be set aside.
(3.) ON the other hand learned counsel for the State submitted that the learned Sessions Court has relied upon the statement of the informant as given in the First Information Report as also the statement given by PW 5 Mangla Pushpa Bara under Section 164 of the Cr PC had given finding for the offence under Section 304 of the Indian Penal Code, and even the accused has admitted the same in his examination under Section 313 of the Cr PC.;