MAHENDRA SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 9.1.2002 passed by Shri B.N. Shahi, 3rd Addl. Sessions Judge, Begusarai in S.Tr. No. 198 of 1990/ 20 of 1992 under which he has convicted the appellant Mahendra Sahni under section 302 I.P.C. and 27 of the Arms Act for committing the murder of Lalita Devi, the wife of the informant, by shooting her with pistol and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5,000/ -, in default to undergo R.I. for six months. No separate sentence has been passed by the court for the offence under -section 27 of the Arms Act. The prosecution version as unfolded in trial is as follows:

(2.) AS to the cause of occurrence it is said that the accused persons including the appellant had came to his (informant's) shop in the afternoon for toddy and his wife had refused to fulfil their demand and for this reason the above murder was committed.

(3.) THE prosecution in order to support its version has examined altogether five witnesses, among whom P.W. 5 Saiyad Mohammad Baquer is the doctor, who conducted the post mortem examination on the deadbody of the deceased. P.W. 4 Soni Chaudhary is the informant and P.W. 1 Rajendra Choudhary, P.W. 2 Ram Sagar Choudhary and P.W. 3 Sakhi Chand Choudhary claimed to be the eye -witnesses of the occurrence. No witness has been examined on behalf of the defence.