GARIB NATH SAH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has preferred this appeal against the judgment and order, dated 28.11.1992, passed by the learned 5th Additional Sessions Judge, Muzaffarpur, in Sessions Trial No. 356 of 1991, whereby the learned 5th Additional Sessions Judge, Muzaffarpur, convicted the accused -appellant, Garib Nath Sah, under Sections 302 and 460 of the Indian Penal Code. Following his conviction under Section 302 of the Indian Penal Code, the accused -appellant has been sentenced to suffer imprisonment for life. However, no separate sentence has been passed for the accused -appellant's conviction under Section 460 of the Indian Penal Code.

(2.) THE case of the prosecution, as made out in the fardbeyan of Gopal Singh Bhagalpuri (P.W.8), recorded by R.P. Singh (P.W.11) of Town P.S., Muzaffarpur, on 03.05.1991, at 6.30 A.M., at Sadar Hospital, is as follows:

(3.) IN support of their case, prosecution examined altogether 11 (eleven) witnesses including Dr. Mumtaz Ahmad (PW 7), who had conducted the post mortem examination on the dead body of Krishna Kumar @ Kishun Jee.