BRIJ NANDAN PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant Brij Nandan Pandey, has preferred this appeal against the judgment and order of conviction dated 10th January 1989 passed by learned 3rd Additional Sessions Judge, Nalanda, in Sessions Trial No. 56/1988/87/1988, whereby the appellant was found guilty under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) THIS appellant was charged along with other co-accused namely Sheonandan Pandey and Siya Devi. All the three were charged under section 364/34, 201 and 302/34 of the Indian Penal Code, but, after trial, those two persons namely, Sheonandan Pandey and Siya Devi, were acquitted from charges for the entire offence, but, the appellant was found guilty for the offence under section 302 of the Indian Penal Code and for rest of the offence he was acquitted.

(3.) THE defence of the appellant was of false implication and also that the deceased used to remain ill and one day there was acute pain in her stomach and while she was being carried to Patna for proper treatment and when she reached Fatuha her condition deteriorated and she was taken to one Dr. K.D.P. Verma (D.W.2) who examined and advised her to be taken to P.M.C.H. Patna. While informants daughter was being taken to Patna for further treatment then in the way she expired. She was carried to Bansghat Patna, where last rites were performed. Shradh was accordingly performed and information to this effect was sent to the father of the deceased by Guru Saran Thakur (D.W.1) but no body attended the Shradh. In fact it was a natural death due to ailment and informant picked up this opportunity to harass and implicate the appellant.