MUKHDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has preferred this appeal against the judgment of conviction and order of sentence dated 03.03.1992 and 05.03.1992 as passed by the Additional Sessions Judge IV, Saran at Chapra by which the appellant has been held guilty for an offence punishable under Section 302 of Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for life.

(2.) WE have heard the learned counsel for the appellant and learned counsel for the State and perused the records. We do not find any justification in interfering with the judgment and order of conviction and sentence. The reasons are thus:

(3.) THE appellant was married to Vejainti Devi (PW 4), the daughter of the deceased Rama Singh @ Ramjit Singh. The prosecution case is based upon the Fardbayan of one Sumitra Devi (PW 8) who happens to be the sister of the deceased. The Fardbayan is recorded at about 1 pm on 25.09.1989, inter alia, alleging that the informant's brother Rama Singh @ Ramjit Singh, the deceased had come to the informant's village to return her ox. He had stayed there at night. In the morning, he told the informant that he would come back and take lunch and then leave and went out. Soon thereafter, one Behari Singh (PW 10) came running and informed the informant that her brother had been taken away by the appellant and his aunt and had been killed. She went to the house of the appellant which is in the same village in the neighborhood and found her brother having been mercilessly beaten lying dead in the house and the appellant and his aunt missing.