LAWS(PAT)-1994-10-12

CHARITRA BHUIYAN Vs. STATE OF BIHAR

Decided On October 06, 1994
Charitra Bhuiyan Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The appellant Charitra Bhuiyan has been convicted by the Sessions Judge, Dhanbad, vide his judgment dated 18th May, 1994 under Section 302 of the Indian Penal Code and sentenced to undergo irapriment for life.

(2.) The prosecution case is that the appellant and his wife Kawlesia Devi were residing along with their daughter aged about six year at Angarpathra. Chhapparitand, within Katras P.S. in the district of Dhanbad. There were quarrels between wife and husband. In the afternoon of 4-6-1993 the couple fell out tor some unknown reasons and the appellant started assaulting his wife Kawlesia Devi by an iron rod. On seeing her mother being assaulted by the accused, Pramila, daughter of appellant, rushed to her maternal grand-father Biltu Bhuiyan who was working as wagon loader at Angarpathra Colliery. At that time on getting this information the said Biltu Bhuiyan rushed to the house of the appellant and found that the appellant was assaulting his daughter Kawlesia Devi who had sustained multiple injuries and separated the appellant from her who had fallen on the ground. At that time he tried to lift her to be taken to the hospital for medical treatment and he found that she had already expired. In the meantime the officer-in-charge of Angarpathra police station reached there on getting an information of the occurrence and a First Information Report (Ext. 2) was lodged by Biltu Bhuiyaq.

(3.) During the trial the prosecution examined PW 1 Biltu Bhuiyan, the father-in-law of the appellant and father of the deceased, PW 2 Pramila Devi, the daughter of the accused and the deceased, PW 3 Dr. D. K. Dhiraj of Patliputra Medical College Hospital and PW 4 Dinesh Prasad Shukla.