submitted that the impugned judgment of conviction and order of sentence is bad in law and cannot sustain in the eyes of law. Learned counsel for the appellant has further submitted that nobody has seen the occurrence. After death of father of the informant, who has been killed, the First Information Report has been lodged against the appellant and two others because of previous enmity between the parties. Learned counsel for the appellant has further submitted that from mere reading of the First Information Report, it appears that Brahmdeo Mahto and Amrit Mahto were made accused in a case of dacoity by the informant’s father and because of that, animosity was prevailing between them. Learned counsel for the appellant has submitted that both the named persons with whom the appellant has animosity, died during pendency of the trial. Since Lakhan Mahto @ Ram Lakhan Mahto is father of Brahmdeo Mahto, he has been falsely implicated in this case. Learned counsel for the appellant has submitted that out of seven prosecution witnesses, P.W.1, Raj Kishor Mahto, informant of the case and P.W.5, his younger brother, Kameshwar Mahto have claimed themselves to be eye witnesses to the occurrence but from mere reading of the evidence of P.W. 1, Raj Kishor Mahto and P.W.5, Kameshwar Mahto and comparing the same with the evidence of P.W.6, Sheo Ballav Singh, Investigating Officer, it would be apparent that these two witnesses have tried to establish themselves as eye witness to the occurrence so as to convict the appellant. Learned counsel for the appellant has further submitted that medical evidence is not supporting the ocular evidence of these two claimed eye-witnesses. Medical evidence suggests that deadbody was of 24-72 Hours and maggots were present in the dead body. Learned counsel for the appellant has submitted that rigor mortis developed in a dead body depending upon the climatic condition from two hours and ends up to 72 hours and maggots normally develop at the time when rigor mortis are ending. Learned counsel for the appellant has further submitted that as per the prosecution case, the father of the informant, Kalhar Mahto was killed by these three accused persons on 25.09.1985 in the evening hour that is one hour before the sunset. The dead body was sent for post-mortem examination on 27.09.1985 at 12.50 hours and as per the medical evidence, which has been brought on
