ABDUL HAKIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appellants have filed this appeal against the order of conviction and sentence dated 20th December, 1988 passed by Sessions Judge, Katihar in Sessions Trial No. 89 of 1988. Appellant no. 1, Abdul Hakim has been convicted under three different counts, under Section 302 for causing the death of Dasrath Choudhary, under Section 307 attempting to murder Kailu Choudhary, the informant and under Section 458 of the Indian Penal Code (IPC) for breaking into the house of Choudhary brothers in the night. He has been sentenced to life imprisonment, imprisonment for 7 years and imprisonment for 7 years respectively. Appellant No. 2, Sheikh Sultan has been convicted under Sections 302 /34, 307 /34 and 458 of the IPC for the same occurrence and sentenced to undergo imprisonment for life, for three years and seven years respectively. Sentences have been ordered to run concurrently. This case was running in our list for considerable period but as there was no representation from the appellants' side, we requested Mr. Sandip Patil, learned Advocate, who was present in the Court, to assist us as amicus curiae. He agreed.

(2.) Heard learned amicus curiae for the appellants and learned A.P.P. for the State.

(3.) On behalf of appellants, it is submitted that it is, in fact, a case of no evidence. The appellants have been convicted on solitary evidence of the informant which itself is highly improbable.