BUDHU TUDU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal arises out of judgment dated 5.1.1999 passed by the learned 1st Additional Sessions Judge, Bhagalpur in Sessions Trial No. 151 of 1984/69 of 1989 by which the solitary appellant Budhu Tudu was convicted of offence under Section 302 of the Indian Penal Code and after being heard on quantum of sentence was directed to suffer rigorous imprisonment for life.

(2.) GULPHI Devi, the mother of P.W. 3 the informant of this case, was not found at her house after her sons P. Ws. 2 and 3 came back in the evening. It was learnt that the deceased had gone with P.W. 1 to the toddy shop of one Md. Islam (P.W. 6) where the present appellant was taking toddy prior to arrival of the deceased and her companion. It is stated that the appellant forced the deceased and P.W. 1 Bhairo Tuddu to take toddy along with another, i.e., P.W. 5 Rani Devi. It appears from the evidence that the deceased P.W. 1 Bhairo Tuddu and P.W. 5 Rani Devi along with the present appellant left the toddy shop of Md. Islam (P.W. 6) for their houses. When they were in way, the present appellant wanted sexual favour from Rani Devi who refused and ran away from there. Bhairo Tuddu (P.W. 1) as per the evidence of the witnesses had already left before Rani Devi had left the company of the appellant and the deceased.

(3.) WHILE convicting the appellant, the learned trial Judge identified seven circumstances which in the opinion of the learned Judge were forming a complete chain of circumstances pointing unerringly towards the guilt of the appellant by explaining all theories of his innocence.