BECHAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant, namely, Bechan Yadav has been convicted under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) THE prosecution story as per the F.I.R. is that on 4.4.87 the deceased, namely, Mishri Yadav had gone to Darbhanga in connection of his pension work as he was a retired Military PersonneI and he returned back home at 6.00 p.m. He brought some medicine for his nephew, namely, Shambhu Yadav who was suffering from cold and cough which he administered to him. On the same day at 9.00 p.m. the deceased called his brother (appellant) and scolded him as to why he does not take interest in the treatment of his son on which the appellant gave out that he has got no means. The deceased asked his brother (appellant) to take his son to hospital and told that he will meet the expenses but the appellant was not willing to accept his proposal and an altercation took place between them on account of this issue. On hearing hulla the wife and son of the deceased along with witnesses, namely, Suresh Yadav (P.W. 1), Jhauli Yadav, Ram Sagun Yadav (P.W. 2) came there and tried to pacify the situation. In the mean time, the appellant being enraged entered into his house and came out with a knife and assaulted the deceased with knife on his chest and fled away. The informant and his well wishers brought his father to Rajnagar hospital where the doctor declared him dead. A case under section 302 of the Indian Penal Code was instituted against the appellant and the police submitted chargesheet under the said court and the case was committed to the Court of sessions for trial.

(3.) IN order to prove the charge the prosecution has examined five witnesses including the doctor who held postmortem examination on the dead body of the deceased. P.W. 1 Suresh Kumar Yadav and P.W. 2 Ram Sagun Yadav are the independent witnesses of the alleged occurrence whereas P.W. 3 and P.W. 4 Kaili Devi and Ganga Prasad Yadav respectively are the widow and son of the deceased.