NARAYAN HAZRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been directed by the sole appellant named above against the impugned judgment and order dated 10th February, 1999 and 11th February, 1999 respectively passed by Shri D.N. Upadhyay, 1st Additional Sessions Judge, Giridih in S.T. No. 225 of 1996 whereby and whereunder the appellant 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 fardbeyan (Ext. 2) of PW 4, the informant, Ganesh Hazra son of Lekho Hazra, the deceased of this case, recorded by S.I., Rajiv Singh of Jamua P.S. on 23.4.1996 at 9.30 hours at village Merho Chaprakho, P.S. Jamua, District Giridih regarding the occurrence which is said to have taken place on 22.4.1996 at 11.30 p.m. adjacent the house of the deceased in village Merho Chaprakho. The formal FIR was drawn on 23.4.1996 at 11.00 hours and the fardbeyan along with the formal FIR was received in the Court of C.J.M., Giridih on 24.4.1996.

(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.