IMTIYAZ AHMAD Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) Learned counsel Mrs. J.P. Akolkar fairly submits that since 1996 appellant has not contacted her. Her all efforts of communication have failed. In view of this, she prays that she be discharged from conducting the trial. Taking into consideration the statement of Mrs. Akolkar, she is discharged from appearing in the matter. In view of this, this Court has requested Advocate Mr. Subir Sarkar to espouse the cause of the appellant. He has graciously accepted to do so. Since respondent no. 2 is not represented by anyone, this Court had requested Advocate Rupesh Zade to espouse the cause of the respondent. He has graciously accepted to do so.

(2.) Appellant herein is convicted for offence punishable under section 304 Part II of Indian Penal Code and sentenced to suffer rigorous imprisonment for 5 years and fine of Rs. 10,000/in default to suffer further rigorous imprisonment for 2 years by Additional Sessions Judge, Gadhinglaj in Sessions Case No. 17 of 1996 vide Judgment and Order dated 07/09/1996. Hence, this appeal.

(3.) Such of the facts necessary for the decision of this appeal are as follows.