(1.) (Oral) - Heard the learned counsel for the Appellant and the State.
(2.) The Appellant has been convicted under Sec. 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life and a fine of rupees twenty thousand by the Additional District and Sessions Judge, Fast Track Court, IV, Kishanganj, in Sessions Trial No. 1007 of 2008.
(3.) The case of the prosecution, according to the informant, Nirmal Kumar Rai, P.W. 7, is that on 18.05.2008 at about 07.00 P.M. the Appellant and his other friends were roaming around outside the school and had asked some school children as to when the Headmaster would come out and, thereafter, left. Around 07.00 P.M. when the Headmaster had finished serving meals to the children and left for his home, on the way, suddenly, the Appellant and two others caught hold of the deceased and assaulted him with chhura (dagger). The Headmaster started crying for help on which the students gathered there and tried to catch the boys, but, they escaped. They also threatened that if any one gave evidence they would also be killed. The reason for the occurrence was that the father of the Appellant was a chaprasi (peon) in the school, who had been suspended by the Headmaster at which he had also assaulted the previous Headmaster and had got instituted a case of rape by his wife against him and, thus, he speculated that he had got the deceased killed by his sons and others.