SAFAUDDIN MOMIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) By Court. -This appeal at the behest of the appellants (Safauddin Momin and Mehiruddin alias Bhotua Momin) is directed against the judgment and order dated 18.1.1996 in S.T. No. 333 of 1 D92 passed by Shri A.P. Ram, the then Addl. Sessions Judge at Seraikella, whereby they have been convicted under sections 302/34 of the Indian Penal Code, on the charge of committing the murder of Lakhi Kant Singh Munda, in furtherance of their common intention and they have been sentenced to undergo imprisonment for life.

(2.) BRIEFLY put, the prosecution case, is as under :

(3.) THE trial court did not believe the evidence of P.W. 2 that he was, in fact, an eye -witness to the occurrence mainly for the reason that he was not cited in the fard -beyan, nor the informant (P.W. 4) whispered in his evidence about his presence and their company or gone to the spot at the time of occurrence, and discarded his occular testimony. The trial court, on consideration of other evidence, and mainly relying on the solitary ocular testimony of P.W. 4 as well as the medical evidence and the fact that the fard -beyan had been recorded within an hour of the occurrence, in which the appellants were named with overt -acts, held the appellants guilty of the charge under sections 302/34 of the IPC and convicted and sentenced them in the manner, as stated above.