ASHUTOSH KUMAR, VIPUL M. PANCHOLI
Imam Hussain – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J. – There is no appearance on behalf of the appellant/Imam Hussain.
2. Mr. Akash Keshav, the learned Advocate, has been requested to assist this Court in this matter as an Amicus.
3. Mr. Keshav has agreed to such request.
4. Heard Mr. Akash Keshav for the appellant and Mr. Bipin Kumar for the State.
5. The appellant, who is the first cousin of the deceased and is alleged to have killed his cousin, has been convicted for the offence under Section 302 of the Indian Penal Code vide judgment dated 14.01.2013 passed by the learned Addl. District and Sessions Judge- II, Katihar in Sessions Trial No. 510 of 2011, arising out of Barari (Semapur) P.S. Case No. 100 of 2011 (G.R. No. 1791 of 2011), and by order 19.01.2013, he has been sentenced to undergo R.I. for life for the said offence.
6. The conviction of the appellant is based on the deposition of the mother of the deceased, namely, Feratun Nisha, who has been examined as P.W. 1 in this case.
7. Before analyzing the evidence of aforesaid Feratun Nisha (P.W. 1), it is necessary to record certain facts.
8. The F.I.R. was lodged by Md. Shamsher Ali (P.W. 7), who is the uncle of the deceased, alleging that on 14.07.2011, while he
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