FAGU RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is preferred by the sole-appellant against the judgment of conviction dated 07.09.2007 and the sentence dated 12.09.2007 passed by the Additional Sessions Judge, F.T.C.-IV, Gopalganj in Sessions Trial No.235/ 2004/ 136/2007 by which upon appellant being convicted for an offence punishable under Section-302 of the Indian Penal Code has been sentenced to undergo imprisonment for life. As the appellant had been in custody for over 8 years without being released on bail, we ordered for the immediate hearing of this appeal and, accordingly, it was taken up.

(2.) We have heard learned counsel for the appellant and learned A.P.P. at length and perused the records.

(3.) The prosecution case is based on the fardbeyan of Pevaru Ram (P.W.6), the father of the deceased, Naga Ram aged about 25 years recorded by Sub-Inspector of Police, A.K. Khan (not examined) of Kuchaikot Police Station, at 10:30 pm on 18.11.2003 at the Sadar Hospital, Gopalganj, on the basis whereof Kuchaikot P.S. Case No.133 of 2003 was registered at 1:00 am on 19.11.2003.