ABBAS ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Prabhat Kumar Singh, learned amicus curie for the appellant and Mrs. Vandana Bharti, learned A.P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 15/4/1998 (sentence passed on 16/4/1998) passed by Sri Nirmalendu Kumar Kanth Niraj, learned 1st Additional Sessions Judge, Giridih in S.T. No. 215 of 1996/75 of 1996 whereby and whereunder, the appellant has been convicted for the offence punishable under Sec. 302 IPC and has been sentenced to imprisonment for life.

(3.) The fardbeyan of Ahmed Hussain was recorded on 12/1/1996 in which it has been stated that the brother of the informant, namely, Mohammad Hussain alias Hardali worked as a labour in Katras and on 11/1/1996 at 9:00AM, he had left for Katras on a vehicle from Pardag. Today, i.e., on 12/1/1996 at 12:00 noon, the informant came to know from the villagers that in the bank of Jamunia river situated at a distance of 2 kilometers from the village, a dead body is lying and a crowd has assembled there. At this information, the informant, Razaque Ansari, Miajan Mian alias Asgar and others reached Jamunia river at Simarbeda where the informant had identified the dead body to be that of his brother Mohammad Hussain alias Hardali. There were several injuries on the person of the deceased.