(1.) BY the judgment, dated 21.10.2009, passed, in Sessions Trial No. 312 of 2001, by learned Additional Sessions Judge, Fast Track Court No. IV, Bhojpur, Ara, the accused -appellant, Anil Rai @ Anil Kumar Rai, stands convicted under Sections 302 and 323 of the Indian Penal Code. In consequence of his conviction under Section 302 of the Indian Penal Code, the accused -appellant stands, under the order, dated 23.10.2009, sentenced to suffer imprisonment for life. However, no separate sentence has been passed for the offence under Section 323 of the Indian Penal Code.
(2.) THE case of the prosecution, as unfolded by the First Information Report, may, in brief, be described as under:
(3.) IN support of its case, prosecution examined altogether 14 (fourteen) witnesses. The accused was, then, examined under Section 313 (1)(b) of the Code of Criminal Procedure, 1973, wherein the accused denied that he had committed the offences, which were alleged to have been committed by him, the case of the defence being that of denial. In support of its case the defence has also examined one witness.