RAMBABU RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as 'Cr.P.C.') challenging the judgment of conviction and the order of sentence dtd. 5/5/2018 passed by learned Additional Sessions Judge-VI, Saran at Chapra, in S.T. No. 291 of 2016 arising out of Isuapur P.S. Case No. 164 of 2015, whereby and whereunder the appellant has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code ('IPC' for short) and has been sentenced to undergo imprisonment for life with fine of Rs.5,000.00. In default of payment of fine, the appellant has been directed to undergo further imprisonment for two months. Both the sentences have been directed to run concurrently.

(2.) The facts of the present case in nutshell are as under: -

(3.) Before the trial court, the prosecution examined seven witnesses and also produced the documentary evidence. Thereafter, the statement of the accused under Sec. 313 of the Code came to be recorded.