(1.) Heard.
(2.) The Appellant has been convicted under Section 328 of the Indian Penal Code and sentenced to rigorous imprisonment for seven years by a judgment dated 3.9.1994 passed by the Sessions Judge, Gopalganj, in Sessions Trial No. 117 of 1987.
(3.) The prosecution case is that on 6.1.1986 while the Informant was travelling on a train, two unknown persons came into the Compartment and gave him some sweet stating that it was "Prasad". As soon as he had the same, he started feeling unwell on which he looked out of the window and saw one person standing at the Platform who was pointed out to the Policeman standing nearby and on chase he was arrested. He disclosed his name as Hosila Pandey and the name of the other co-accused as Appellant No. 2, Dinanath Pandey.