TEK LAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under Section 302 of the Indian Penal Code (for short 'I.P.C.') and sentenced to undergo rigorous imprisonment for life by judgment and order dated 27.6.1992 passed by the 1st Additional Sessions Judge, Deoghar in Sessions Trial No. 50 of 1991.

(2.) THE prosecution case, in brief is that on 29.11.1990 at about 11 a.m., Meena Kumari (P.W. 4), daughter of Khedu Prasad Yadav (informant -P.W. 3) was playing with her younger brother Gouri Shankar, aged about two and half years, in a lane in front of her house situated in village LekhaBaran, P.S. Mohanpur, District Deoghar. At that point of time, the appellant came, picked up the boy Gouri Shankar and threw him into the well, as a result of which he died. The informant was harvesting the paddy in his field. His son Ashok Yadav informed him about the occurrence and, thereafter, the informant rushed to the well and found that efforts were being made by the villagers to take out the boy from the well. The water was pumped out from the well and, thereafter, the boy was found dead therein. The villagers Sukhadeo Mahto, Kailash Mahto and others told the informant that Tek Lal Yadav (the appellant), after the occurrence, was seen running away and was uttering that he had thrown the boy into a well. The informant went to the Police Station and lodged the First Information Report (Ext. 1) at 7.30 p.m., which was recorded by Bipin Bihari Prasad, Assistant Sub -Inspector of Police of Mohanpur Police Station and, thereafter, the said A.S.I. prepared on inquest report and sent the dead body for post -mortem examination and after investigation submitted charge -sheet against the appellant.

(3.) THE defence of the appellant is total denial of the occurrence. His alternative defence was that he was insane at the time of occurrence and because of insanity, he was not capable of understanding the consequences of his act and even if it is accepted that the alleged act was done by him, his case is covered by the provision of Section 84 of the I.P.C. and he cannot be convicted for the offence of murder.