Pradeep Kumar, J. - (1.) ON repeated call, nobody appears on behalf of the appellant to argue this case.
(2.) ON the request of the Court, Mr. Anita Sinha argued this case as Amicus Curie. The instant appeal is directed against the judgment of conviction dated 2 of June, 1994 and order of sentence dated 3rd of June, 1994 passed in S.T. No. 396 of 1991 by Shri Om Prakash Sinha, Additional Sessions Judge, Pakur, by which judgment he bund the sole appellant guilty under Section 364 of the I.P.C. and sentenced him to undergo R.I for three years.
(3.) IT is submitted by learned Counsel for the appellant that there is no evidence that the appellant, Ataur Rahman Khan, caused the death of the informant's sister, Dulali Dasi on the night on 06.02.1990. Accordingly, learned trial Court found no case under Sections 302 and 201 of the Indian Penal Code, but only on the basis of evidence of the witnesses that the deceased went behind with the accused, the accused Ataur Rahman Khan convicted under Section 364 of the Indian Penal Code, for which also there is no sufficient evidences, as such, conviction is bad in law and fit to be set aside.;