(1.) THE Appellant has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to Rigorous Imprisonment for life by a judgment dated 04/05.03.1991 passed in Sessions Trial No. 45 of 1987/113 of 1987 by the 4th Additional Sessions Judge, Aurangabad.
(2.) THE case according to one Krishna Dusadh, Chowkidar is that on 12.05.1984 at 8 AM he learnt from the covillagers that a dead body of an unknown person had been thrown nearby with his neck cut. On this information, he went to the place of occurrence and rightly found the dead body of an unknown person with injuries on several parts of his body. Thereafter, case against unknown was instituted by the police on the said information given by him. Subsequently, chargesheet was submitted against four persons but as against Chanarik Yadav the same was dropped on account of his death.
(3.) THE prosecution to prove its case examined five witnesses i.e. P.W. 1, Jaglal Choudhary, P.W. 2, Dharamdeo Yadav, P.W. 3, Krishna Dusadh, P.W. 4, Dr. Chandrashekhar Prasad who conducted the post -mortem and P.W.5, Md. Iliyas Ansari, the Investigating Officer of the case.