(Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH)

The sole appellant has been convicted under section 302 of the Indian Penal Code ( for short ‘I.P.C.’) and section 201 of the I.P.C. and sentenced to undergo rigorous imprisonment for life in respect of both offences concurrently by the judgment of conviction and sentence dated 15.11.1990 by the 4th Additional Sessions Judge, Gaya, in Sessions Trial No. 25 of 1988.

2. It may be noticed here that originally the appellant and three others, namely, Kishori Sao, Srichand Sao and Brij Sao were all tried and charged for offences punishable under sections 302/34 and 201/34 of the I.P.C., respectively, but the trial court acquitted the three other accused while convicted appellant Jainandan Prasad Singh as noticed above.

3. The charges, as noted above, were under two heads; firstly that the appellant and three others had on 10th of September, 1986 at village Kurkihar, Faudariya Pyne P.S. Wazirganj, District Gaya intentionally committed the murder of Bimla Sinha in furtherance of common intention and thereby committed offence punishable under section 302/34 of the I.P.C. and secondly that on the same day same month same year and s