SANJAY PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this appeal, appellant/ convicted accused is challenging the Judgment and order dtd. 13/1/2014 and 16/1/2014 respectively passed by the learned Vth Additional Sessions Judge, Patna City, Patna in Sessions Trial No. 258 of 2012, thereby convicting him of the offence punishable under Sec. 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life apart from a direction to pay fine of Rs.10,000.00 and in default to undergo rigorous impreisonment for two years. 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 gathered from the police report can be summarized thus:

(3.) In order to bring home the guilt to the accused, the prosecution has examined in all seven witnesses. Autopsy Surgeon, Dr. Pradeep Nandan was examined as P.W. 1. Ext. 1 is the report of postmortem examination. First Informant, Rameshwar Manjhi was examined as P.W. 2. The FIR lodged by him is at Ext. 2. Ramchandar Manhjhi was examined as P.W. 3. Relatives of deceased Dinesh Manjhi, namely, Vishnu Kumar, Meena Devi and Sohagea Devi are examined as P.W. 4, P.W. 5 and P.W. 7 respectively. Investigating Officer, Yogendra Prasad was examined as P.W. 6. Inquest notes are at Ext. 4.