PANCHULAL MIKHIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole accused in Sessions Trial No. 261 of 2006 on the file of learned Additional District and Sessions Judge, Fast Track Court-II, Madhubani is the appellant. The trial Court convicted him for the offences punishable under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life.

(2.) The case against the appellant was that on 27-1-2005 P.W.3 stated that he went to his neighbouring village Patharwa and his nephew, P.W.7 came and informed him that his daughter by name, Partima and his niece Ambika were killed by the appellant with a spade. Soon thereafter he said to have come to the village and noticed the dead bodies of the two girls in the sugarcane field in the village and a large number of people gathered there. The appellant is said to have apprehended by the villagers. In the fardbeyan, i.e. recorded statement, P.W. 3 stated that on the previous day, when the appellant, a native of neighbouring village Dorbar attempted to pluck sugarcame from his field, and when his daughter objected to it, the person chased her away, and on the next day, that very person killed both the girls out of vindictiveness.

(3.) The police started investigation and recorded the statements of various persons. The dead bodies were sent for post-mortem and inquest was also conducted. Ultimately charge-sheet was filed alleging that the appellant killed both the girls.