RAMA NAND THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) SINCE none has appeared on behalf of the appellant, we hereby appoint Mr. Neeraj Kumar @ Sanidh, who is present in the court, as the Amicus Curiae, in this appeal.

(2.) THE appeal by the sole appellant has been filed against judgment and order dated 15.5.2007 in Sessions Trial No. 343 of 2004/88 of 2006, whereby the court of Additional Sessions judge, FTC I, Sheohar at Sitamarhi convicted him under section 302 of the IPC and 27 Arms Act and sentenced him to life imprisonment under the first count and 3 years under the 27 Arms Act. The appellant was further directed to pay a fine of Rs.500 and in default of which to undergo simple imprisonment for three months.

(3.) THE prosecution case, as disclosed in the fardbeyan of Shivji Sah (PW 9), brother of the deceased Asharfi Sah recorded on 28.7.2003 at 8.30 PM at the door of the deceased by Officer -incharge, Raj Kishore Singh, Tariyani police station, giving rise to Tariyani Police station Case No. 74 of 2003 in short, is as follows: -