(1.) Heard the parties.
(2.) This criminal appeal is directed against the Judgment of conviction and order of sentence dated 22.05.2003 and 23.05.2003 respectively passed by the learned Additional Sessions Judge, Fast Track Court -I, Chaibasa in Sessions Trial Case No. 78 of 2000 whereby and where under the learned court below has convicted the appellant for the offence under Section 304 sub clause 2 of IPC and sentenced him to undergo RI for a period of 9 years and pay fine of Rs.4000/- for the offence under Section 304 sub clause 2 of IPC and in default of payment of fine appellant was to undergo further RI for 6 months. It was further ordered that any period already undergone to be set off.
(3.) Prosecution case, in short, as per written report dated 22-10-1999 of the informant Sahdeo Giri PW-5 is that informant has two brothers namely Pandav Sen Giri (PW-4) and Pratap Chandra Giri. Both brothers had gone to Tantnagar market on 21.10.1999 in the morning for marketing. On the same day, in evening at about 7:00 p.m., informant's elder brother Pandav Sen Giri returned home weeping and shouting and informed that when they were returning with his brother Pratap Chandra Giri from Tantnagar market after purchasing articles accused Laxmidhar Das was also coming behind them. At about 4 p.m.when they reached near Tantnagar river, accused Laxmidhar Das suddenly attacked his brother Pratap Chandra Giri. Accused overthrew him on the ground and assaulted his brother by fists and slaps on his nose and mouth. Pandav Sen Giri tried to save Pratap Chandra Giri but he could not save him and Pratap Chandra Giri succumbed to his injuries on the spot. Informant further stated that due to night and lack of communication he could not inform in the police station at night. The reason behind the occurrence as stated by the informant is that one week ago accused had stolen some articles of the informant which were used for angeling fish and for the said reason there was some quarrel between the parties.