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 informant's brother Ram Chhabila Yadav, Mukhia, was returning from block office after attending some meeting along 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 that 'Kutta'causing injuries on his neck, cheek, chest and below the eye. The informant was going to take tea in the 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 reconveyed the land to him but even then the appellant committed the murder of the deceased.

(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. .