R.N.PRASAD, J. - (1.) THE sole appellant has preferred the appeal against the judgment and order dated 8.8.1995 passed by 2nd Additional . Session Judge, Saharsa in S.T. No. 104/92 whereby he has been convicted for the offence under Section 302/34 of the Indian Panel Code and sentenced to undergo imprisonment for life. He has further been convicted for the offence under Sections 342 and 326 of the Indian Panel Code but no separate sentence has been awarded to him under the aforesaid sections.
(2.) DEVENDRA Yadav is the informent. He, along with Panna Lal Das, Bahudur Yadav, Guru Kund Yadav and Mahendra Yadav went to the Police Station and gave his fardbeyan on 16.6.1991 at about 5 p.m. that at about 4 p.m. on hearing alarm he along with the aforesaid persons went near the house of the appellant situated on the embankment of the canal and saw that appellant Muneshwar Ram with Dabia and his brother Sahdeo Ram with dagger had surrounded his brother Surendra Yadav. Appellant Muneshwar Ram inflicted Dabia blow causing bleeding injury on the abdomen of his brother due to which his intestine bulged out. Due to the injuries he fell down and thereafter the appellant and Sahdeo Ram assaulted him with Dabia and dagger. His brother became senseless. On alarm people assembled and the appellant and his brother tried to run away. However, the appellant was chased and caught in which he had, also sustained some injuries. The appellant was handed over to Munga Lal Paswan and Sewa Lal Paswan, the Chukidar. His brother Sahdeo Ram, however, succeeded in running away. The villagers took the injured to Farbisganj Hospital. The occurrence was also witnessed by Deo Narain Yadav, Dukhan Yadav and Baldeo Das. The motive of the occurrence was that Bimla Kumari daughter of Debu Chaurasia and Rabindra Yadav of the village were seen coming out from Patua field. Appellant Muneshwar Ram went to the house of Bimla Kumari and assaulted her. Rabindra Yadav protested on which there was altercation. In the meantime Surendra Yadav and Rabi Nandan Yadav came at the scene and protested the action of the appellant which the offence of murder was committed. On the aforesaid fardbayan, a formal First Information Report was drawn, investigation was taken up. However, the injured died on way to the hospital. On completion of investigation, charge - sheet was submitted against the appellant and his brother Sahdeo Ram. On receipt of charge - sheet, cognizance was taken and the case was committed to the court of sessions for trial. During the trial Sahdeo Ram absconded and as such his case split up. The trial court convicted the appellant as indicated above.
(3.) THE defence of the appellant was that he was innocent and was falsely implicated in the case. No occurrence, as alleged by the prosecution, took place. In support of his defence first information report lodged by absconding accused, Sahdeo Yadav, i.e. Balua (Birpur) P.S. Case No. 53 of 1991. has been brought on record.;