(1.) UNDER the judgment, dated 03.09.1993, passed, in Sessions Trial No. 13 of 1993, by learned 2nd Additional Sessions Judge, Bhagalpur, the appellant, Manoj Kumar Bharti, stands convicted under Section 302 of the Indian Penal Code. Following his conviction, the accused -appellant has been sentenced to suffer life imprisonment.
(2.) THE case of the prosecution may, in brief, be described as follows:
(3.) DURING trial, when a charge, under Section 302 read with Section 34 of the Indian Penal Code, was framed against accused Manoj Kumar Bharti, accused Manohar Bharti and accused Mahendra Bharti, they all pleaded not guilty thereto. A charge was also framed, under Section 302 read with Section 149 of the Indian Penal Code, against six accused persons, namely Manoj Kumar Bharti, Manohar Bharti and Mahendra Bharti, Ram Prasad Bharti, Manorama Devi and Madam Kumari. To the charge so framed, all the six accused pleaded not guilty.