SAKALDEO SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) CHALLENGED in this Appeal is judgment of conviction dated 09.08.2012, whereby and whereunder appellant Sakaldeo Sharma has been found guilty for an offence punishable under Section 307 of the I.P.C. and sentence dated 14.08.2012 directing him to undergo rigorous imprisonment for ten years as well as fine of Rs. Two thousand in default thereof, to undergo rigorous imprisonment for three months additionally by the Ad hoc Additional Sessions Judge -3rd, Khagaria in Sessions Trial No.16 of 2003/ 137. of 2012.

(2.) BIJO Devi (PW -4) gave her fardbeyan on 06.08.2002 alleging inter alia that on 04.08.2002 at about 9.00 p.m. her husband Bhutal Sharma had gone to sleep at his Bathan lying North -West to Beldaur village after taking meal and during course thereof, had directed her to come along with one Lota of water. At about 10.00 p.m., she came at her Bathan along with water as well as food for her cousin mother in -law Budhia Devi. At that very time her husband was sleeping over a Bench while her cousin mother in -law was awaken. At about 10.40 p.m., three persons came at her Bathan whereupon, she flashed torch. Two persons got themselves hidden behind bush while remaining one Sakaldeo Sharma came and inflicted 'Chhura ' blow over neck of her husband. Her husband raised alarm, on account of which Tilo Sah, Rajendra Sharma, Sanichar Sharma, Ramavtar Sharma, Chhathu Sharma came seeing whom Sakaldeo Sharma along with two others escaped there from.

(3.) THE defence case as is evident from mode of cross -examination as well as statement recorded under Section 313 of the Cr.P.C. is of complete denial of occurrence. However, neither any DW nor any document has been adduced on behalf of defence.