AMRUDH SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred through jail and the legal aid has been given by the Jharkhand State Legal Services Authority. There was a delay of 3347 days in preferring the criminal appeal, which was condoned by this Court and looking to the period of custody this appeal was fixed for final hearing and today it has been heard for final hearing.

(2.) This appeal has been preferred by the appellant being aggrieved and dissatisfied by the judgment and order of conviction and sentence passed by Additional District Sessions Judge F.T.C., Lohardaga in S.T. No. 193 of 1997 dated 28.04.2004 and 29.04.2004 respectively, whereby this appellant has been convicted for the offence punishable under Section 302 of the I.P.C. for life imprisonment and 3 years simple imprisonment for the offence punishable under Section 323 of the I.P.C.

(3.) It is a case of the prosecution that P.W.9 gave fardbeyan before the Lohardaga police came at Sadar hospital on 17.09.1995 at 18.15 hours. That on 17.09.1995 at about 17 hours his uncle the present appellant came at the house of P.W.9 Jyotish Kumar Sahu with a stick in his hand and he was addressing P.W.9 as well as the mother of P.W.9 and the grand mother of P.W.9, that go out of the house otherwise he will kill and he will also damage their house.