ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA)

Date : 01-03-2019

1. This Criminal Appeal has been directed against the Judgment of conviction and sentence order dated 01.07.1995 passed by the learned Sessions Judge, Katihar, in Sessions Case No. 100 of 1994, by which and whereunder, he convicted the appellants for the offences punishable under Sections 302/34 and 201 of the Indian Penal Code and, accordingly, sentenced them to undergo rigorous imprisonment for life for the offence punishable under Section 302/34 of the Indian Penal Code and to undergo rigorous imprisonment for five years for the offence punishable under Section 201 of the Indian Penal Code. However, both the sentences were ordered to run concurrently. It is pertinent to note here that by the same impugned Judgment, learned Sessions Judge, Katihar, acquitted the appellants from the charge framed under Section 364/34 of the Indian Penal Code.

2. P.W.3, SK.Balak, gave his statement to P.W.14, the then Officer-in-charge, Amdabad Police Station in presence of P.W.4 and P.W.5 to this effect that the marriage of his sister namely, Pasia Khatoon had taken place with appellant no.1, namely, Sk.Sajit three y