VYASH MISHRA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This is yet an another appeal, which makes the Court confront a wholly unpleasant situation, where the error of the learned trial Court may force the hands of the Court to allow this appeal, which has arisen out of the judgment, dated 23.12.1992, passed, in Sessions Trial No. 94 of 1992, by learned Sessions Judge, Gopalganj, whereunder the appellant, Vyash Mishra, stands convicted under Section 302 of the Indian Penal Code and by the order, dated 02.01.1993, he has been sentenced to undergo imprisonment for life and pay a fine of Rs. 10,000/- and, in default of payment of fine, suffer rigorous imprisonment for three years.

(2.) The case of the prosecution, as unfolded at the trial, may in brief, be described as under:

(3.) During investigation, inquest was held over Sheo Charan Bin's dead body, which was also subjected to post mortem examination and, on completion of investigation, a charge sheet was laid, under Section 302 of the Indian Penal Code, against the accused Vyash Mishra.