SATISH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal is directed against the judgment of conviction, dated 18.09.2008, and the order of sentence, dated 20.09.2008, passed by the learned Additional Sessions Judge, Fast Track Court No. IV, Begusarai, in Sessions Trial No. 442 of 2004, whereunder the accused -appellant has been convicted under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, 1959. For his conviction under Section 302 of the Indian Penal Code, the accused -appellant, Satish Kumar, has been sentenced to undergo imprisonment for life and, for his conviction under Section 27 of the Arms Act, 1959, the accused -appellant, Satish Kumar, has been sentenced to undergo rigorous imprisonment for three years. Both the sentences having been directed to run concurrently.

(2.) THE prosecution 's case, as made out in the fardbayan of the informant, Sujeet Kumar Singh, son of Vishundeo Singh, resident of Village Hajipur, P.S. Barauni, District Begusarai, recorded by S.M. Khurseed, Sub Inspector of Police -cum -Officer -in -Charge, Barauni P.S., at about 2:00 hours, on 15.05.2004, at the door of the informant, in Village Hajipur, where a dead body was lying, is, in short, as follows:

(3.) IN his statement under Section 313(1)(b) of the Code of Criminal Procedure, the accused claimed that he was innocent and had not committed any offence.