NATHUNI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed against the judgment of conviction and sentence passed by 1st Additional Sessions Judge, Buxar in Sessions trial No. 65 of 1992 whereby and whereunder, he convicted the sole appellant under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life. 2. In short, the prosecution case is that on 23-2-1991, the informants brother Ram Chhabila Yadav, Mukhia, was returning from block office after attending some meeting with the appellant, who happened to be his brother-in-law. When they reached near the house of Bharosa Mushar the appellant is alleged to have took out a sharp edged kutta which he was hiding under the chadar worn by him and started assaulting the deceased with kutta causing injuries on his neck, cheek, chest and below the eye. The informant was going to take tea in the tea shop and he saw the occurrence, Saral Yadav, Choukidar also witnessed the occurrence. The motive behind the occurrence is that the appellant had sold some land to the deceased but later on he demanded back the land from the deceased, who re-conveyed the land to him but even then the appellant committed the murder of the deceased.

(2.) The fardbeyan (Ext). 3) was recorded on the same day at 4.00 p.m. on the basis of which a formal FIR was lodged and the police took up investigation in the case. After completing the investigation charge sheet was submitted under Section 302 of the Indian Penal Code on the basis of which cognizance was taken and the case was committed to the Court of Sessions for trial.

(3.) The appellant denied the charge and the case of the defence was that the appellant has been falsely implicated due to some dispute regarding payment of consideration amount of the land sold by him.