(1.) THE appeal has been filed against the judgment of conviction and order of sentence, dated 24.03.1993, under Sections 302 and 201 of the Indian Penal Code, passed, by the learned 2nd Additional Sessions Judge, Katihar, in Sessions Trial No. 72 of 1992, arising out of Katihar (M) P.S. case No. 494 of 1991, against the two accused -appellants and sentenced each of them to suffer imprisonment for life under Section 302 of the Indian Penal Code and rigorous imprisonment for three years under Section 201 of the Indian Penal Code. However, both the sentences have been ordered to run concurrently.
(2.) THE prosecution's case, as reflected by the fardbayan of Sita Ram Mandal, son of late Balli Mandal, resident of Hariganj Koriatoli, P.S. Katihar recorded by S.I. P. K. Jha, Katihar Muffasil Police Station, on 29.09.1991, at 5.00 P.M., at village Tarjani Camp is, in short, as follows:
(3.) ON the basis of the fardbeyan, Katihar (Mufassil) Police Station Case no. 494 of 1991 was registered, on 29.09.1991, under Sections 302/201 of the Indian Penal Code, against two accused aforementioned.