JUDGMENT :

(Rajeev Ranjan Prasad, J.)

Heard Mr. Binay Kumar, learned advocate for the appellant, Ms. Usha Kumari No. 1, learned Special PP for the State and Mr. Irshad, learned Amicus Curiae.

2. The present appeal has been preferred for setting aside the judgment of conviction dated 16.05.2018 (hereinafter referred to as the ‘impugned judgment’) and the order dated 17.05.2018 (hereinafter referred to as the ‘impugned order’) passed by learned 1st Additional Sessions Judge-cum-Spl. Judge, SC/ST Act, East Champaran, Motihari (in short ‘trial court’) by which the sole appellant in this case has been convicted for the offence punishable under section 302 of the Indian Penal Code (in short ‘IPC’) and has been ordered to undergo imprisonment for life and to pay a fine of Rs. 10,000/. In case of default in payment of fine, he has been ordered to further undergo imprisonment for six months.

Prosecution Story

3. The prosecution story is based on the written report dated 12.05.2014 written by one Naresh Raut (P.W.-4). The informant alleged that on 12.05.2014 at about 12:00 noon, the named accused persons (1) Ajay Kumar Sah and (2) Vikas Kumar both resident of village Hasanpura, P.S. Sugauli, Dis