JUDGMENT :

SHREE CHANDRASHEKHAR, J.

1. In Majhgaon P.S. Case No. 31 of 2007, Nandlal Purty and Aiwon Kuntia were named as accused by the informant whose fardbeyan was recorded at 11:00 AM on 22.07.2007. After the investigation a charge-sheet was submitted against them and they have faced the trial on the charge under section 302/34, 201 and 379 of the Indian Penal Code.

2. In Sessions Trial No. 75 of 2008, the appellant has been convicted and sentenced to R.I. for life and fine of Rs. 5,000/- under section 302/34 of the Indian Penal Code R.I. for two years and fine of Rs. 1,000/ - under section 201 of the Indian Penal Code and R.I. for three years under section 379 of the Indian Penal Code, Nandlal Purty is still absconding.

3. During the trial the prosecution has examined 13 witnesses - all are co-villagers of the informant except PW-12 and PW-13.

4. The case of the prosecution is that Nandlal Pingua was a handicapped person. On 21.07.2007 he had gone to village market with Nandlal Purty and Aiwon Kuntia and by the evening they came back home. At about 18:30 PM the appellant and Nandlal Purty again came to the house of the informant and took Nandlal Pingua on a red-colour cycle to help