SAKALDEO PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life vide judgment and order dated 4.6.1987 passed by the 9th Additional Sessions Judge, Arrah in Sessions Trial No. 437 of 1986.

(2.) THE informant, Rameshwar Prasad, is a co -villager of Bharat Mishra, the deceased. He was living in the house of the informant as a tenant and was pulling rickshaw of the informant on hire. The informant gave his fardbeyan on 11.2.1986 at 4.15 p.m. that at about 4 p.m. while he was returning from Gopali Chowk after purchase of medicine and came near the B.Sc. shoe shop he found Bharat Mishra sitting on the rickshaw. The appellant came and gave him dagger blow and ran away. He found bleeding injury on the person of the deceased. Vijay Kumar, Uday Shankar, Ranjit Singh and many others came and saw the occurrence. Bharat died then and there. The motive of the occurrence was that there was altercation about 4 -5 days ago between the appellant and prostitute Bina, the sister of the appellant. Bharat Mishra had disclosed that the appellant had threatened him to assault.

(3.) THE defence of the appellant was that he was innocent and was falsely implicated at the instance of the police as one Munni Devi had lodged a case against Bhuneshwar Singh. Sub - Inspector of Police, in which the brother of the appellant. Pradeep, and his sister were witnesses.