BIRENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this appeal, the appellant/convicted accused is challenging the Judgment and Order dtd. 29/11/2013 and 30/11/2013 respectively passed in Sessions Trial No.320 of 2012 by the Adhoc Additional Sessions Judge-V, Purnea, thereby convicting him of the offence punishable under Sec. 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life apart from directing him to pay fine of Rs.10000.00 and in default to undergo simple imprisonment for two months.

(2.) Facts leading to the prosecution of the appellant/convicted accused can be summarized thus:

(3.) We heard the learned counsel appearing for the appellant. He argued that there is no evidence to connect the appellant to the crime in question and evidence of P.W.11 Sunaiyna Devi is totally unreliable and untrustworthy. As against this, relying on the provisions of Sec. 106 of the Indian Evidence Act, the learned Prosecutor argued that appellant/convicted accused is presumed to have committed murder of his wife and the daughter. He has not explained how they died in his house and therefore the appeal deserves to be dismissed.