SURAJ PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Ms. Surya Nilambari, learned Amicus Curiae for the appellant/informant and Mr. Abhimanyu Sharma, learned A.P.P. for the State.

(2.) The present appeal has been filed by the appellant/informant under Sec. 374(2) of the Code of Criminal Procedure, 1973 against the judgment of conviction dtd. 16/11/1995 and order of sentence dtd. 18/11/1995 passed by learned Vth Additional Sessions Judge, Nalanda at Bihar Sharif in Sessions Trial No.569 of 1992 (arising out of Chandi P.S. Case No.253 of 1992) whereby and whereunder the appellant namely Suraj Prasad @ Suraj Singh has been convicted under Sec. 302 of the Indian Penal Code and he has been sentenced to undergo life imprisonment.

(3.) The prosecution case, in brief, is that fardbeyan of accused/appellant himself in injured condition recorded at Ahra Khanda at Chandi Korut Road on 1/7/1992 at 00:30 hours i.e. 12:30 A.M. is that on 30/6/1992 while he was coming from his Sasural at Sheikhpura to his house with his wife Sumatwa Devi (deceased) at about 09:30 P.M., when he reached near Ahra Khanda by the side of Chandi Korut Road all of a sudden someone caught him behind, four other persons surrounded him. He and his wife in the light of torch identified Ram Keshwar Singh armed with gun, Sheo Kumar Thakur armed with rifle and Bhushan Koeri armed with pistol. They could not identified the other two persons who were armed with lathi and pistol. Ram Keshwar singh disclosed that he was in search of his father, a great Khalifa, who gets his Samadhi involved in a case. He started taking away him towards a ditch which was objected by his wife and disclosed that she had identified them. Sheo Kumar Thakur said that since she had identified them it will be better to kill them. Anyhow, he escaped from there and during that he heard the screaming sound of his wife then he ran away towards village raising hulla, upon which his villagers came there and found his wife having been killed and her silver Payal and chain were missing from her body. The accused had taken away Rs.300.00 from his pocket.