AWADHESH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant was convicted by the learned Presiding Officer, Fast Track Court-III, Patna, by the judgment dated 26th Oct., 2005 passed in Sessions Trial No.745 of 2001/60 of 2005 and was held guilty of committing the offence under Sec. 302 of the Indian Penal Code. After being heard on sentence, the appellant was directed to suffer rigorous imprisonment for life.

(2.) This appeal challenges the impugned judgment of conviction and order of sentence passed by the trial court upon the appellant.

(3.) The short facts leading to the trial and ultimately to the conviction of the appellant are that the informant, who lodged a report and who was examined as P.W 1, was not present in his house and his wife, with a 3 to 6 month's child in her lap, was only there. The appellant who happened to be the full brother of the informant came and started giving blows with lathi to the lady Arti Devi (P.W.3). The appellant is said to have also given a single lathi blow to the little child lying in the lap of his mother, who was taken to the hospital but died in the way. The matter was reported to the police by giving the fardbeyan (Ext.3) of P.W. 1 and on that basis the F.I.R. of the case was drawn up and the case was ultimately sent up for trial by the police, which ended in the impugned judgment.