ANUP SAHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants/accused by this appeal are challenging the Judgment and Order dated 22nd of August, 1995, passed by the learned Sessions Judge, Madhubani, in Sessions Trial No.17 of 1992 between the parties thereby convicting them and sentencing them accordingly.

(2.) The facts in brief leading to the prosecution of the appellants/accused can be summarized thus:

(3.) We heard Mr. Manish Kumar No.13 and Mr. Rohit Kumar, the learned Advocates appearing for the appellants/accused. They argued that the entire prosecution case is concocted and witnesses are got up witnesses. P.W.6 Surya Narayan Sah cannot be an eye witness to the incident of murder of his brother Ramdeo Sah who according to the prosecution case was hidden in the neighbouring field. It is further argued that other prosecution witnesses are also chances witnesses and even P.W.1 Nathuni Sah has candidly stated the fact that he reached at the spot after the incident. Learned Advocates appearing for the appellants further argued that evidence on record is not justifying the conviction for the offence punishable under Sec. 307 of the Indian Penal Code. There is no evidence to hold that accused no.2 Lachman Sah has committed murder of deceased Ramdeo Sah.