UMAR ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the sole appellant named above against the impugned judgment dated 18.8.1994 passed by Shri Shyam Kumar Mishra, Additional Judicial Commissioner, Lohardagga in S.T. No. 258 of 1987/142 of 1990 whereby and whereunder the appellant was found guilty for the offence under Section 302 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for life.

(2.) THE prosecution case has arisen on the basis of the F.I.R. (Ext. 2) of RW. 2, Sheikh Shekhawat Ansari, the informant recorded on 9.9.86 (Tuesday) at 8.00 hours by Shri M. Rai, O.c. Senha, RS. District, Lohardagga regarding the occurrence which is said to have taken place on 7.9.86 at 13.30 hours in the house of the appellant in village Bidhani, RS. Senha, District Lohardagga where the informant had come along with several co -villagers with the dead body of the deceased. The F.I.R. has been received in the' court of Sub -divisional Judicial Magistrate, Lohardagga on 10.9.86.

(3.) THE appellant has pleaded not guilty to the charge levelled against him and he claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case. It has also been contended that the death of the deceased is the result of the injury caused on her abdomen due to the dashing of the head of the cattle.