CHAMPAI HANSDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) : Champai Hansda was tried and convicted under section 302 I.P.C. He was sentenced to imprisonment for life. The present appeal is against the said conviction and sentence.

(2.) THE case of the prosecution is as follows:

(3.) WE find every force in the contention of the learned counsel for the appellant. The prosecution before the trial court, for the reasons best known to it, did not examine the Investigating Officer, did not mark the fardbeyan, did not examine the post mortem Doctor and did not mark the post mortem certificate. In the absence of any evidence and on the basis of oral evidence alone, which only shows that the appellant fisted and kicked the deceased, this Court cannot come to the conclusion that the appellant committed the murder for him to be convicted under section 302 I.P.C.