JUDGMENT :

Pradeep Kumar Srivastava, J.

1. We have already heard Mr. D.K. Prasad, learned amicus curiae for the appellant and Mrs. Kumari Rashmi, learned A.P.P. appearing for the State.

2. It is pertinent to mention at the very outset that during the pendency of this appeal, appellant No.2 Rakim Mian died 14 years' back and his appeal has been abated vide order dated 11.02.2026. This appeal is heard on behalf of above named sole appellant.

3. Instant criminal appeal is directed against the judgment of conviction dated 21.01.2004 and order of sentence dated 22.01.2004 passed by learned Additional Sessions Judge, Fast Track Court No.-III, Gumla in S.T. No.242 of 2002, whereby and whereunder the appellant along with deceased appellant have been held guilty for the offence under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

FACTUAL MATRIX

4. Factual matrix giving rise to this appeal is that on 25.04.2002 in the evening, informant was in his house along with his sister and other family members. It is alleged that at about 07:30 p.m., Rakim Mian (deceased appellant No.2) arrived at the house of the informant and told to his father to go to police station as his father has seen him assaulting Kamlesh Kawar. The informant's father declined to have seen the said occurrence, in the meantime, Hakim Mian also came there and started dragging informant's father towards outside of the house. Thereafter, both the accused persons took informant's father by assaulting him by fist and slaps towards their own house. It is alleged that informant was under impression that the accused persons are taking his father to police station, hence, they kept mum. It is further alleged that in the next day morning at about 06:30 a.m. Rakim Mian (deceased) again came to the informant's house and said come with me and see what your father is talking. Upon this, informant sent his mother at first and after sometime followed his mother along with sister and was going on cycle and saw that his mother was returning weepingly saying that informant's father has died. The informant leaving his sister called upon his elder brother Sudhu Sai and went to place of occurrence at the house of accused persons and found dead body of his father lying in front of the house of Rakim Mian.

On the basis of above fardbeyan of the informant Munu Sai @ Letan Sai recorded by S.I. Md. Aftab Ahmed, Officer-In- Charge, Dumri Police Station, Gumla dated 26.04.2002 near the house of Rakim Mian at about 11 hours, the F.I.R. was registered for the offences under Section 302/34 of the I.P.C.

5. After completion of investigation, charge-sheet was submitted against the above named accused persons for the aforesaid offence. The case was committed to the Court of Sessions where S.T. Case No.242 of 2002 was registered. The appellants did not plead guilty and claimed to be tried.

6. In the course of trial, altogether 11 witnesses were examined by prosecution. Apart from oral evidences following documentary evidences have also been adduced by prosecution :-

7. The case of defence is denial from occurrence and false implication due to enmity. However, no oral or documentary evidence have been adduced by defence.

8. The learned Trial Court after scrutinizing the evidence available on record arrived at conclusion about guilt of the appellants for the offence of murder and sentenced them as stated above, which has been assailed in this appeal.

9. Learned amicus curiae for the appellant assailing the impugned judgment and order has submitted that there is no eye witness of the occurrence. The version contained in the F.I.R. is that the appellants took away the deceased by assaulting him through fat and fist