KAILASH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) HARD.

(2.) THE Appellants have been convicted under Sections 304 Part-II/34 of the Indian Penal Code and sentenced to seven years rigorous imprisonment by the 1st Additional Sessions Judge, Saharsa, in Sessions Case No. 74 of 1989 by a Judgment dated 29.6.1995.

(3.) THUS evidence of the Informant and the Investigating Officer materially differed from each other on the point as to when the First Information Report was instituted. The fact that the station diary entry has not been brought on record by the prosecution also, gives rise to a serious suspicion on the conduct of the prosecution in not bringing the earliest version of the occurrence on record.