(1.) THE sole appellant is aggrieved by judgment and order dated 5th January, 2002 passed by learned 5th Additional Sessions Judge, Gaya in Sessions Trial No. 232/98/385/98 whereby he has been convicted for the offence under sec. 302 I.P.C. and sentenced to undergo rigorous imprisonment for life and a fine of Rs. 15,000.00 and in default to undergo rigorous imprisonment for a further period of 3 years. He has also been convicted under sec. 201 I.P.C. and sentenced to three years rigorous imprisonment along -with a fine of Rs. 5000.00 and in default whereof he has to undergo rigorous imprisonment for a further period of one year.
(2.) THIS criminal case arises out of Gurua RS. Case No. 51 of 1997 lodged by informant Md. Shahabuddin (RW. 5) against this appellant and two unknown persons. The prosecution case in brief is that on 9.12.97 at 7 A.M. in the presence of the informant, this appellant came to Darwaja of the informant and called out his 16 years old son Md. Badud and urged him to accompany him to village Mugrain which happened to be the village home of maternal uncle of Md. Badud. Allegedly, at about 7.30 A.M. Md. Badud went out of the house with the appellant professing that he would go to village Mugrain. In the evening at about 7 the appellant came back to the village but Md. Badud did not return. The informant claims that the appellant on enquiry disclosed that Md. Badud had stayed in village Mugrain at his maternal uncle 'shouse and that he was planning to go out to some other place also. On the next day the informant made enquiry at village Mugrain and found that Md. Badud has not gone to that village. On returning he searched for the appellant but could not meet him then he went to another place Amas to make enquiry. On 11.12.1997 he went to another place Hemjapur to make enquiry then he made further enquiry from the appellant and on learning that Md. Badud was planning to go out to some other place the informant allegedly went to Calcutta to search for his son at his relative 'splace and came back disappointed on 14.12.97 and on 15.12.97 in the evening when he was going to ease himself, some children in the village disclosed that a dead body was lying in a sugar cane field emitting foul smell. The dead body was located in the field of one Ram Swaroop Mahto and was identified as dead body of informant 'sson Md. Badud. The dead body was guarded by the informant in the night and in the morning of 16.12.97 the police came to the village and recorded the fardbeyan of the informant. The signature of the informant on the fardbeyan has been marked as Exhibit -3 and the formal F.I.R. has been marked as Exhibit -4.
(3.) FROM the trend of cross -examination it appears that the appellant has denied the allegations that he had gone out anywhere with the deceased. In fact the defence is of total denial of alleged occurrence in so far as allegations against the appellant are concerned.