ANIL KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Pandey Ashok Nath Roy, learned counsel for the appellant and Mr. Bhola Nath Ojha, learned Spl.P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 3/4/1998 passed by Sri Vinod Kumar Sinha, learned 5th Additional Sessions Judge, Giridih in S.T. No. 223 /1996, whereby and whereunder the appellant has been convicted for the offence punishable under Sec. 302 I.P.C and has been sentenced to undergo imprisonment for life.

(3.) The prosecution case arises out of the Fardbayan of Sukhdeo Gope recorded on 10/7/1996 in which it has been stated that while the informant was going in the Dumri-Bermo road towards Ghutwali, he saw the dead body of a female lying on the field with her neck cut. A blade was found beside the dead body. None of the neighbouring people could identify the dead body. Based on the aforesaid allegations, Dumri P.S. Case No. 20 of 1996 was instituted against unknown. On completion of investigation, charge sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions where it was registered as S.T. No. 223 of 1996. Charge was framed against the accused under Sec. 302 I.P.C which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.