BASAWAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THS sole appellant Basawan Mahto has been convicted under and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1000/ - or in default of payment to undergo simple imprisonment for two months.

(2.) THE fardbeyan (Ext. 1) of the informant, namely, Uma Devi (P.W. 3) was recorded by S.I. R.N. Prasad on 6.10.96 at 1.30 p.m. at her residence. As per the fardbeyan, the prosecution story is that on 6.10.96 at about 8.00 a.m. the appellant who happens to be the own Bhaisur of the informant, came with a spade in the courtyard. The mother of the appellant asked him to take his meal whereupon the appellant with an intention to kill assaulted his mother with spade and gave three blows. Thereafter, he came out of the house and assaulted the she buffalo tied up in front of the house on her back. On hulla, Harendra Yadav (P.W. 2) and the informant&aposs husband came and took the appellant&aposs mother to Maharajganj hospital for her treatment. The nephew of the informant, namely, Pardeshi Bhagat (P.W. 4) informed his grand -father who came and saw the occurrence. The appellant&aposs mother, however, died in course of the treatment. The police registered a case under sections 324 and 307 of the Indian Penal Code against the appellant but after the death of the deceased the case was converted under section 302 of the Indian Penal Code and the police submitted chargesheet against the appellant under section 302 of the I.P.C. The learned Magistrate took cognizance in the case and committed the case to the court of sessions for trial.

(3.) IN order to prove the charge, the prosecution examined six witnesses out of whom P.W. 6 K.M. Prasad Srivastava is the doctor who conducted the postmortem examination on the dead body of the deceased. P.W. 6 has deposed that on 7.10.96 at 11.30 a.m. he conducted the postmortem examination on the dead body of the Surja Devi (deceased) and found the following ante mortem injuries on her person: