(1.) THIS appeal has put to challenge the judgment, dated 09.06.2009, passed, in Sessions Trial No. 246 of 2006, by learned Additional Sessions Judge, Fast Track Court No. 1, Saharsa, whereby the accused -appellant, Arbind Sah, stands convicted under Section 302 read with Section 34 of the Indian Penal Code and the order, dated 16.06.2009, whereby the accused -appellant, stands sentenced to suffer imprisonment for life and pay fine of Rs. 5,000/ - (five thousand) and, in default of payment of fine, suffer simple imprisonment for a period of six months with further direction that the fine amount shall, if realized, be paid to the family of the deceased.
(2.) THE case of the prosecution, as unfolded at the trial, may, in brief, be described as under:
(3.) AT the trial, a charge was shown to have been framed under Section 302 read with Section 34 of the Indian Penal Code against the accused -appellant. To the charge so framed, the accused -appellant pleaded not guilty.