CHANDESHWAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) (Oral) - The solitary appellant Chandeshwar Rai was put on trial after being indicted of committing an offence punishable under Sec. 302 of the Indian Penal Code by the learned 1st Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 101 of 1994. It appears that the judgment in the case was delivered by the learned Presiding Officer, Fast Track Court-5, Muzaffarpur on 5.8.2008 by which the appellant was held guilty of committing the offence he had been charged with. The appellant was heard on sentence on 8.8.2008 and was directed to suffer rigorous imprisonment for life and also to pay a fine of Rs. 3,000.00 and in case of default in making payment of fine was directed to suffer simple imprisonment for one month.

(2.) The appellant has chosen to question the above said judgment of conviction and order of sentence passed upon him by the learned trial Judge through the present appeal.

(3.) The prosecution case, as per the F.I.R.(Ext.-3), was that at about 7.30 P.M. on 3.12.1992, this appellant intruded into the house of the informant Ram Lal Rai (P.W.7) hurling abuses upon him. When the informant and his family members raised objection to the bahaviour of the appellant, he intensified his act of abusing the informant. The commotion, generated by the abusive shouts of the appellant attracted the mother of the informant (not examined) and his sister, namely, Phula Devi. Both attempted to push the appellant out of their courtyard, during which curse, it is alleged, this appellant dealt multiple blows with chhura to Phula Devi who cried and fell down injured. The appellant started running away from there.