JUDGMENT

Navaniti Prasad Singh, J.—The sole-appellant has preferred this appeal against the judgment of conviction dated 29.4.1991 and order of sentence dated 30.4.1991 passed by the learned 1st Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 401 of 1990, whereby the sole-appellant, who was a driver of a public carrier truck bearing registration No. BR-1H-0263, has been held guilty of offence punishable under section-302 of the Indian Penal Code (hereinafter in short as ‘I.P.C.’).

2. When the appeal was taken up for hearing Mr. Bishnu Kant Dubey, learned Counsel whose name appears stated that the appeal was filed from the office of Late Mr. Ganesh Prasad Singh. Senior Advocate and at that time he was associated with him. He stated that enquiries from the office of Late Mr. Ganesh Prasad Singh disclosed that the appellant had taken back the file and all the papers way back in 1992 itself. However, on our request, he agreed to assist us on basis of the paper book as available.

3. We have heard Mr. Bishnu Kant Dubey, learned Counsel for the appellant and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State. For the reasons to be given hereunder we a