RAKESH TIWARI Vs. SHIVAKANT PRASAD

JUDGEMENT

(1.) Heard the learned Counsel for the parties and perused the records.

(2.) The instant appeal arises from the judgment and order of conviction and sentence dated 19/05/2005 and 20/05/2005 passed by the learned Additional District and Sessions Judge, Fast Track 1st Court, Lalbagh, Murshidabad in Sessions Trial No. 12 of July, 2003 arising out of Sessions Serial No.94/2003 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life.

(3.) The judgement and order aforesaid are assailed on the ground that the appellant was tried on charges for alleged commission of offence punishable under Section 302 of the Indian Penal Code and Sections 3/4 of Explosives Substances Act. By the judgement of conviction dated 19th May, 2005 and order of sentence dated 20th May, 2005 the Additional Sessions Judge has been pleased to convict the appellant upon perusal of evidence on record; that having relied upon inadmissible evidence as such the judgement being based on surmises and conjectures is liable to be set aside.