AFJAL HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by special leave challenges the judgment and order dtd. 11/5/2004 passed by the High Court of Judicature at Patna, Ranchi Bench, Ranchi in D.B. (Criminal) Appeal No.72 of 2000 by which the conviction and sentence of the accused for the offence punishable under Sec. 302 read with 34 IPC was affirmed by the High Court.

(2.) The case of the prosecution as disclosed in the First Information Report lodged by one Anil Kumar Mishra (later examined as PW6) is to the following effect:

(3.) Accused Arvind Kumar Mishra, the assailant, along with accused Afjal Hussain (present appellant) were tried in the Court of 2nd Additional Sessions Judge, Hazaribagh, Jharkhand, in Sessions Trial No.142 of 1995 for the offence punishable under Ss. 302/34 IPC.