JUDGMENT

S.B. Sinha, J.—Leave granted.

2. The appellant herein was convicted for commission of an offence punishable under Sections 302 and 201 of the Indian Penal Code (for short, IPC) and sentenced to undergo rigorous imprisonment for life.

3. The case of the prosecution is as under:

A First Information Report was lodged by the informant Lal Hare Murari Nath Sahdeo at about 14.00 hrs. on 19.11.1985 alleging that at about 07.30 A.M. on the previous day i.e. 18.11.1985 Fagua Mahto, deceased, took his five bullocks for grazing along with the cattle of other villagers, as he was a herdsman. He brought the bullocks earlier after grazing. The informant is said to have not found two of his bullocks in the said evening. He enquired thereabout; whereupon Fagua Mahto informed him that two oxen were taken by Jitendra Ram @ Jitu Harizan, the appellant herein for thrashing paddy. He went to the house of the accused, who denied to have taken the said two oxen. Lakhan Lohar (PW-13), however, at about 07.30 P.M. on the same evening informed Lal Ranvijay Nath Sahdeo (PW-8), the cousin of the first informant that the appellant herein sold the said oxen in the market to Sahban Ansari and Hanif Ansari