BHOLA KUNWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, Bhola Kunwar, has preferred this jail appeal against the Judgment and Order passed by the then learned Additional Sessions Judge-II, Darbhanga on 7/9th March, 2000 in Sessions Trial No. 362/92.

(2.) The appellant has been convicted and sentenced to imprisonment for life under Section 302 of the Indian Penal Code.

(3.) The facts of the prosecution case are that in the night of 2nd April, 1992, the informant, Shambhu Kunwar, PW-3 and his other family members were sleeping in the house. His brother- accused, Bhola Kunwar, alongwith his deceased wife, Hira Devi and a minor daughter aged about 1 year was sleeping in the middle room and from inside the door was closed. At about 1.30 a.m., the informant heard the sound of gagging and "MAAEE GE MAR GELI" coming from the room of his brother, Bhola Kunwar. On hearing the sound the informant and his mother came out of their rooms but in the mean time the accused, Bhola Kunwar, came out of his room and fled by saying that nothing has happened. Thereafter the informant and his mother went inside the room and found that Hira Devi was lying injured on the ground and blood was oozing out from the right side of her neck. A blood stained knife was also found there. Thereafter the informant with the help of his grand father, Vijay Kunwar, PW-2, uncle, Dinesh Kunwar, PW-1 and one Abhimanu Kumar put Hira Devi on a cot and took her to a village Doctor where she was declared dead. Then the deceased Hira Devi, was brought back and kept in the Angan. The informant alleged that because of his mental imbalance the accused, Bhola Kunwar, committed the murder of his wife.