JAI MANGAL RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Jai Mangal Rai has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life vide judgment, dated 18.9.1992 passed by the Sessions Judge, East Champaran, Motihari, in Sessions Trial No. 146 of 1988.

(2.) The case of the prosecution, as would appear from the fardbeyan of one Rampal Rai, in short, is that On 10.2.1988 at about 9 o'clock in the morning he saw this appellant abusing his step-mother Mostt Rampatiya Devi. No sooner Rampatiya Devi made a protest, this appellant, who was having a garasi in his hand, assaulted on the right side of the head of Rampatiya Devi on account of which she fell down. Thereafter, this appellant gave another blow on the left side of the head and fled away from the place of occurrence. Although the villagers made an attempt to catch him, but he managed to escape. According to the informant, Ram Pratap (PW 3) and Bharat Roy (PW 2) having seen the occurrence although tried to catch him, but they could not succeed. On the basis of the above statement, the fardbeyan was recorded on that very day at 2.00 p.m. by the officer-in-charge of Madhuban police station Thereafter, the investigation was carried out and ultimately, the Investigating Officer, having found a prima facie case, submitted the charge-sheet. Cognizance of the offence was taken and the appellant was called upon to face trial for the alleged offence. The defence of the appellant, as would appear from his statement under Section 313 of the Code of Criminal Procedure and the trend of cross-examination to the prosecution witnesses appears total denial of the allegations.

(3.) It appears the prosecution in support of its case has examined altogether eight witnesses, out of them PWs 1 (Ganga Roy) and 3 (Ram Pratap Roy) arrived at the place of occurrence on hearing hulla and had seen this appellant running away with a blood-stained garasi in his hand. These witnesses immediately arrived at the darwaja of the deceased and found her lying dead in a pool of blood.