PATHERYA, J. - (1.) THIS appeal is directed against the order of conviction and sentence dated 18th May, 2006 and 19th May, 2006 passed by the learned Additional District and Sessions Judge, Fast Track 1st Court, Contai, in Session Trial No.XLVIII (January) 2000, under Section 302 of the Indian Penal Code. The prosecution's case is as follows: The victim girl was murdered by the accused appellant on 3rd December, 1989 and an FIR was filed by a co -villager on 4th December, 1989. An inquest was made wherein it was found that the death of the victim girl was by strangulation. Subsequent to the inquest, body was sent for post mortem and post mortem report submitted. Thereafter, charge -sheet was filed. The first charge -sheet was filed on 30th March, 2000 under Section 302/34 of the Indian Penal Code against Sambhu Giri and Kalicharan Pal. Trial in respect of the aforesaid persons was initiated and by order dated 21st March, 2005, the said persons were acquitted. No appeal has been filed by the State respondents from the said order of acquittal.
(2.) ON 7th June, 2005, charge -sheet was filed against the accused appellant. Thereafter the case was committed to the Court of Sessions Judge who took cognizance of the offence and transferred the case to the learned Additional District and Sessions Judge, Fast Track, 1st Court Contai. Charges were framed and the same read out and explained to the accused appellant to which the accused appellant pleaded not guilty and sought to be tried.
(3.) AS many as 14 witnesses were examined on behalf of the prosecution and the accused appellant was also examined under Section 313 of the Code of Criminal Procedure. On the basis of the oral evidence so also the documents exhibited, the Trial Court passed the order of conviction against the accused appellant. Being aggrieved by the said order, this appeal has been filed by the accused appellant.;