RAMA SHANKAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned Additional Public Prosecutor for the State.

(2.) THE solitary appellant has preferred this appeal against his conviction for the offences under Sections 307 and 395 of the Indian Penal Code and sentenced to undergo respectively rigorous imprisonment for 10 and 7 years with a fine of Rs. 1000/ - each for both the offences, however, the sentences are to run concurrently, as awarded on 22nd June, 2002, by learned Additional Sessions Judge, F.T.C. - II, Aurangabad, in connection with Session Trial No. 128/89 / 161/2002 arising out of Kutumba P.S. Case No. 10/89.

(3.) OUT of nine prosecution witnesses, P.W.1 namely, Nepal Tiwary a family member almost states the prosecution version including bringing the injured P.W.5 at hospital for treatment who was referred to Aurangabad, Gaya, Delhi etc., but, this witness has not said a word about the involvement of the appellant or even any suspicion raised against him.