BAGULIA KAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Earlier on 27.11.2007, Mr. Prabhat Kumar was appointed as Amicus curiae to assist the Court. Today, in spite repeated calls, neither Mr. Prabhat Kumar is available nor the counsel on record appeared on behalf of the appellant. As such, we are left with no option but to appoint Mr.Neeraj Kumar @ Sanidh, who is present in the Court, as Amicus curiae to assist the Court.

(2.) The sole appellant Bagulia Kahar has filed this appeal against the judgment of conviction under section 302 of the Indian Penal Code (herein after referred to as the IPC) and section 27 of the Arms Act, whereby he has been sentenced to life imprisonment and rigorous imprisonment for three years respectively by Additional Sessions Judge VII, Bhagalpur in Sessions Trial No. 203 of 2004 bearing Tr.No.546 of 2006. However, both the sentences were directed to run concurrently.

(3.) The prosecution case, as made out in the fardbeyan of Md. Ajim of village Sajour, Tola Garhi, Police Station Sahkund (Sajour), district Bhagalpur recorded by the Sub inspector of Sajour OP on 28.01.1992 at 6 PM at Jawaharlal Nehru Medical College and Hospital, Bhagalpur, in short, is as follows:-