MANAGER KARMALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant named above against the impugned judgment dated 23.12.1989 passed in S.T. No. 269 of 1989 arising out of Gola P.S. Case No. 4(1)88 corresponding to G.R. Case No. 97 of 1988 by Shri Uma Shankar, 1st Additional Sessions Judge, Hazaribagh, whereby and whereunder the appellant aforesaid was found guilty for the offence punishable 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 EI.A. (Ext. 3) of P.W. 1, Kandan Karmali, the informant lodged before the Gola P.S. on 13.1.1988 at about 8.00 hours regarding the occurrence which is said to have taken place at about 11 o'clock in the night between 12th and 13th of January, 1988 in the house of the informant in village Banda P.S. Gola, District Hazaribagh. The case was instituted on 13.1.1988 at 8.00 hours and the EI.R. was received in the court of C.J.M., Incharge, Hazaribagh on 16.1.1988.

(3.) THE appellant has pleaded not guilty to the charge levelled against him and claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case and it is the informant Kandan Karmali who has committed the murder of his friend as this appellant had gone in the company of his friend for the '''Vidai'' of his wife and the informant did not perform "Vidai" and he has falsely implicated this appellant in this got up case by committing the murder of the deceased by tangi.