J U D G M E N T

3 rd December 2024

By Court :

We have heard the learned Amicus Curiae appearing for the appellant and the learned counsel for the State at length.

2. This Criminal Appeal arises out of the judgment of conviction dated 31.10.2002 and the order of sentence dated 01.11.2002 passed in Sessions Trial No. 45 of 1991 whereby and whereunder learned Additional Sessions Judge, FTC II, Hazaribag convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life.

3. We have gone through the entire depositions and the records of this case. As per the FIR which has been lodged by PW7 father of the deceased, it is alleged that there was some enmity between the family of the deceased and the appellant. The reason of the enmity is on the ground of grazing of the cattle. It is alleged in the FIR that his son who had left his house with his cattle did not return. In search of his son the informant went to his school but couldn’t found him there. He along with the teacher of the school went near the river when someone stated that a dead body was lying near the river. The informan