(1.) THIS appeal has been directed by the sole appellant named above against the judgment and order dated 27.3.1996 passed in S.T.No. 351/91/T.R. No. 48/94 by Smt. Shakuntala Sinha, Addl. Judicial Commissioner, Khunti whereby the appellant was found guilty for the offence punishable under Section 304 and not under Section 302 I.P.C. and he was convicted and sentenced to undergo R.I. for five years and to pay a fine of Rs. 1,000/ - and in default thereof to undergo R.I. for six months.
(2.) THE prosecution case has arisen on the basis of the F.I.R. of Chaukidar 8/6 Viruaghashi recorded by Sri N. Kumar, 0/ C of P.S. Murhu, Khunti, Ranchi on 23.3.1991 at 12.00 O'clock in the day regarding the occurrence which is said to have taken place on 22.3.1991 at 6.30 P.M. at Village Kitahatu Dauri Pirihi, P.S. Murhu, District Ranchi.
(3.) THE appellant has pleaded not guilty to the charge levelled against him and has claimed himself to be innocent and to have committed no offence and that he has been falsely implicated in this case.