(1.) THE sole appellant has filed this appeal being aggrieved by the order of conviction and sentence passed by the Additional Sessions Judge III, Madhubani in Sessions Trial No. 28 of 1989 being judgment and order dated 31.03.1992 by which appellant, having been found guilty for an offence punishable under Section 302 of Indian Penal Code (IPC), has been sentenced to undergo rigorous imprisonment for life.
(2.) THE prosecution case is based upon the Fardbayan of Basudeo Sahani (PW 4), the father of the deceased Chandeshwar Sahani. It is alleged that about 6 am, on 17.11.1988, the deceased had gone to answer nature of call and, thereafter, after washing his mouth and face in the field, he was returning to the house when the appellant Kishori Bhandari and three others, named in the Fardbayan, caught hold of the deceased and Kishori Bnandari, the appellant brutally and fatally stabbed him. The informant, the father and other family members saw the entire occurrence from their house which was in close vicinity across the road. They all rushed to the spot. By then, the accused escaped. This Fardbayan was recorded by one Nisar Ahmad (PW 6), Assistant Sub Inspector of Police (ASI) of Basopatti Police Station (PS) of District -Madhubani who had gone there having heard rumours about the dead body of Chandeshwar Sahani having been thrown on the roadside. After recording the Fardbayan, inquest was prepared and the Fardbayan was sent to the PS for registering the formal first information report (FIR). Allegedly, the appellant, thereafter, surrendered before Kaluahi Police Outpost and was taken into custody and later remanded. After investigation, police submitted chargesheet only against the appellant and did not find the allegations, so far as the other persons are concerned, to be correct. On basis of the aforesaid, the learned Chief Judicial Magistrate, Madhubani took cognizance of offence punishable under Section 302 of IPC and committed the case to the Court of Session where, after hearing the parties, charge under Section 302 of IPC was framed against the appellant who pleaded not guilty and desired to be tried.
(3.) THE defence examined three witnesses. They have deposed that they had learnt that the deceased had been killed elsewhere and his body was dumped on the roadside in the night. They are not witnesses either to the killing of the deceased or the body being dumped.