Samar @ Samo Das vs The State of Jharkhand

Both these appeals arise out of the judgment dated 14th September, 2004 passed by Shri Nalin Kumar, Additional Sessions Judge (ETC.) No.

V, Deoghar in Sessions Case No. 250 of 2001 convicting the appellant Samar @ Samo Das u/s 307 I.P.C. and sentencing him to undergo R.I.

for life and three years R.I. for the offence u/s 201 I.P.C.. Both the sentences were directed to run concurrently.

Appellant Kelu Yadav has been convicted u/s 201 I.P.C. and sentenced to undergo R.I. for three years.

Counsel for the appellant Samar @ Samo Das submitted that he is pressing the appeal only on the question of sentence. He submitted that the

appellant Samar @ Samo Das has remained in jail for more than 11 years and he is an old man now aged around 60 years.

Regarding appellant Kelu Yadav, it is submitted that the prosecution has not been able to prove the charges against him u/s 201 I.P.C.

After carefully going through the records and hearing the parties at length, in our opinion, the prosecution has not been able to prove its charges

against appellant Kelu Yadav u/s 201 I.P.C.

Accordingly, he is acquitted of the charges.

So far as Samar @ Samo Das is concerned, in the facts and circumstances of the case and keeping in view his age and detention of more than

11 years, we are inclined to convert the life sentence to the period already undergone by him.

With these modifications in the conviction and sentence, these appeals are disposed of.

Appellant Samar @ Samo Das is directed to be released forthwith, if not wanted in any other case. Appellant Kelu Yadav is discharged from

his bail bond.