JUDGMENT

By Court, : 

29 th November, 2024

This Criminal Appeal is preferred on behalf of the appellant being aggrieved by the judgment of conviction and order of sentence dated 27.05.2002 passed by Learned Additional District & Sessions Judge, Fast Track Court-III, Giridih, in Sessions Trial No.128 of 2000, whereby and wherein the appellant has been convicted for offence under Section 302 I.P.C. and was sentenced to undergo imprisonment for life under Section 302 I.P .C.

2. Heard learned counsel for the appellant and learned A.P .P. for the State and perused the materials available on record.

3. Mr. Anisurzzama Khan, learned Amicus Curiae  representing the appellant submits that a road accident has been given the colour of murder. P.W.-1 is a chance witness and P.W.-3 who is the informant cannot be said to be an eye witness as there is discrepancy in his deposition and in his fardbeyan. He also argues that the wife and the mother of the deceased had filed an application under the Motor Vehicles Act claiming compensation wherein they claimed that the deceased died because of the road accident, which demolishes the prosecution case. He further argues that the injury report also does