(1.) Instead of hearing an Interlocutory Application under Section 389 Cr.P.C., the learned counsel for both sides are ready for final hearing of this criminal appeal and upon their request, this criminal appeal is taken up for its final hearing looking to fourteen years custody of accused.
(2.) The present appeal has been preferred by the appellant-accused against the judgment of conviction dated 21st November 2003 and order of sentence dated 22nd November, 2003 passed by the 3rd Additional Sessions Judge, (FTC), Jamtara in Sessions Case No. 238/2000(21 of 2003), whereby the present appellant-accused has been punished for an offence under Section 302 of the India Penal Code for rigorous imprisonment for life and also this appellant has been convicted and sentenced for two years rigorous imprisonment under Section 201 of the Indian Penal Code and no fine has been imposed. Against this judgment of conviction and order of sentence, the present appeal has been preferred.
(3.) Case of prosecution:-