(1.) BY the judgment, dated 14.06.2007, passed, in Sessions Trial No. 1552 of 2004, by the learned Additional Sessions Judge, Fast Track Court No. V, Banka, the accused -appellant, Subhash Mishra, stands convicted under Sections 302 and 307 of the Indian Penal Code. Following his conviction as mentioned hereinbefore, he has been sentenced, by the impugned order, dated 15.06.2007, to suffer imprisonment for life and pay fine of Rs. 10,000/ - and, in default of payment of fine, simple imprisonment for a period of three months, both the sentences having been directed to run consecutively. The case of the prosecution, may, in brief, be described thus: -
(2.) THOUGH the accused persons, named in the charge sheet, had, initially, appeared in the Magisterial Court, they all jumped bail; but accused Subhash Mishra was apprehended. Since then, except Subhash Mishra, others have been absconding.
(3.) IN support of their case, prosecution examined altogether seven witnesses. Accused Subhash Mishra was, then, examined under Section 313(1)(b) of the Code of Criminal Procedure and, in his examination aforementioned, he denied that he had committed the offences, which were alleged to have been committed by him, the case of the defence being that of denial. No evidence was adduced by the defence.