UMA SHANKAR TANTI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred by the sole appellant for setting aside the judgment dated 28th April, 1995 passed by learned 2nd Additional Sessions Judge, Bhagalpur in Session Trial No. 60/92 (arising out of G.R. No. 1510/91) whereby and whereunder the learned 2nd Additional Sessions Judge, Bhagalpur (hereinafter referred to as the 'trial court') held the appellant guilty under Section 302 read with 34 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.

(2.) It appears from perusal of the trial court record that on the basis of the fardbeyan of one Binod Kumar Singh (P.W.6), the F.I.R. was lodged giving rise to Sabour P.S. Case No. 98/1991 dated 01.05.1991 in respect of the alleged occurrence which had taken place on 30.04.1991 at about 6.15 P.M. The farebeyan of P.W.6 has been marked as Exhibit-2, whereas the formal F.I.R. has been marked as Exhibit-5.

(3.) According to the prosecution case, on 30.04.1991 at about 6.00 P.M., the deceased Subodh Kumar Singh (brother of the informant) had gone to recover Rs. 90/- from Garib Bhagat of village Gobardhanpur. There had been some delay in returning of Subodh Kumar Singh whereupon the informant went on search of his brother nearby the house of Garib Bhagat where he was told that his brother had left just now and that the money was not given because of unavailability.