PANKAJ PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this appeal, appellant/accused no. 1 is challenging the Judgment and order dtd. 21/2/2015 and 23/2/2015 passed by the learned Adhoc Additional Sessions Judge-III, Kaimur at Bhabhua in Sessions Case No. 191 of 2013 (33 of 2010), thereby convicting him of the offences punishable under Ss. 304 and 201 r/w Sec. 34 of the Indian Penal Code and sentencing him to suffer life imprisonment for the offence punishable under Sec. 304 of the Indian Penal Code apart from imposition of fine of Rs.10,000.00 and default sentence of one year on failure to pay the fine. For the offence punishable under Sec. 201 r/w Sec. 34 of the Indian Penal Code, he is sentenced to suffer rigorous imprisonment for two years apart from imposition of fine of Rs.5,000.00 and in default to undergo imprisonment for three months. For the sake of convenience, the appellant shall be referred to in his original capacity as "an accused".

(2.) Facts in brief leading to the prosecution of the accused can be summarized thus:-

(3.) In order to bring home the guilt to the accused, the prosecution has examined as many as ten witnesses. Ram Prakash Prasad a co-villager is examined as P.W.1, another co-villager Brajesh Pandey is examined as P.W. 2. Awadhesh Pathak, brother-in-law of first informant is examined as P.W.3. Fulmati Devi, mother of first informant is examined as P.W.4. Chandani Kumari, sister of first informant is examined as P.W. 5. Basant Tiwari father of first informant is examined as P.W. 6. Prem Chand Pandey and Houshla Nand Pandey are examined as P.W. 7 and P.W. 8 respectively. First informant Kamlesh Kuwar @ Kamlesha is examined as P.W. 9 and the Investigating Officer Manju Singh is examined as P.W. 10.