JUDGMENT :

Sujit Narayan Prasad, J.

I.A. No. 4332 of 2019:

1. Reference may be made to order dated 24.04.2019, whereby and whereunder following order has been passed by the Co-ordinate Division Bench of this Court:

“The Vakalatnama allegedly signed by the appellant namely Anwar Mian is not supported by any certification of an advocate and there is no proof of identification of the appellant attached therewith.

Mr. Jayant Kr. Pandey, the learned counsel who submits that the appellant has executed Vakalatnama in his favour is directed to file an affidavit annexing copies of identification of the appellant and certification from the advocate concerned.

Post this matter on 08.05.2019.”

2. In compliance thereto, an Interlocutory Application being I.A. No. 4332 of 2019 has been filed on behalf of appellant annexing therewith the documents pertaining to identification of the appellant and certification of the advocate concerned.

3. It appears from the statement at paragraph 4 and 5 of the Interlocutory Application that document pertaining to identification of the appellant has been filed by annexing therewith Voter I.D. Card of the appellant bearing I.D. No. BZQ0214775 with attestation of concerned Advocate namely Mohammad Sohel Akhatar having Enrollment No. JH298/14 practicing at Dhanbad Civil Court, Dhanbad, appended as Annexure-I.A.-1 to the Interlocutory Application.

4. Learned counsel for the appellant on the basis of aforesaid statement has submitted that Vakalatnama was filed on behalf of appellant by the learned counsel, namely, Jayanat Kumar Pandey, which may be accepted.

5. It has further been submitted that considering the documents, as appended in support of proof of identification of the appellant supported by certification by the advocate concerned, who is practicing advocate at Civil Court, Dhanbad, prayer made in the Interlocutory Application may be accepted.

6. This Court, considering the submissions advanced by learned counsel for the appellant, allows the Interlocutory Application and the instant application is treated to be filed in compliance of order dated 24.04.2019 passed by Co-ordinate Division Bench of this Court.

7. Accordingly, Interlocutory Application being I.A. No. 4332 of 2019 stands disposed of.

Cr. Appeal (DB) No. 120 of 1994 (R):

8. The instant appeal, under Section 374(2) of the Code of Criminal Procedure, has been preferred against the judgment of conviction dated 13th June, 1994 and Order of sentence dated 17th June, 1994, passed by learned 6th Additional Sessions Judge, at Dhanbad, in Sessions Trial No. 349 of 1991, whereby and whereunder, the sole appellant has been convicted for commission of offence under Section 302 of Penal Code, 1860 and accordingly, sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of Penal Code, 1860.

9. The prosecution story in brief as per the Fard Beyan, read as under:

The informant, Muslim Mian was on is duty at Bhuli Factory from 2 p.m. on 13.11.1989. At 6 p.m. one Salim Ansari of the informant's village came to him in the Jalan Factory, Bhuli, P.S. Bankmore and informed him that the wife of the informant came to his residence and reported that Gendu Mian, father of the informant, was assaulted with a Bhala in the courtyard by one Anwar Mian, son of Late Abdul Mian of village-Nowadih, Tola-Gouridih. On hearing death information of his father, the informant rushed to his house and found his father lying dead in the courtyard of his house. He noticed by removing the cloths of his father near right arm pit that there was injury. He found a Bhala lying on some distance in the north of the dead body and the Bhala was smeared with blood on the sharp end. He learnt from his wife, Mazidan Bibi, that at about 4 : 30 p.m. on the same day there had been exchange of hot words between Anwar Mian and Gendu Mian regarding bush and in the meantime Anwar Mian having been enraged, fetched a Bhala and assaulted the informant's father hitting near the right arm pit