AJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellant Ajay Singh challenging the judgment of conviction dtd. 16/4/2018 and the order of sentence dtd. 19/4/2018 passed by the learned Sessions Judge, Kaimur at Bhabhua in Sessions Trial No. 280 of 2015, arising out of Nawanagar Police Station Case No. 85 of 2015. By the impugned judgment, the appellant has been convicted under Sec. 302 of the Indian Penal Code and sentenced to undergo imprisonment for life along with a fine of Rs.20,000,.00 and in default of payment of fine, to suffer rigorous imprisonment for a further period of three months.

(2.) The prosecution case is based on the fardbayan of the informant Buchun Singh recorded on 5/5/2015 at about 8:00 PM at Bhagwanpur, District Kaimur. According to the informant, on the evening of the occurrence, he along with the deceased, who was a retired Army personnel, was sitting near the Hanuman Temple when the appellant Ajay Singh arrived and after a verbal altercation, allegedly caught hold of the deceased and inflicted multiple injuries with a sharp cutting weapon on his abdomen, back and chest. The deceased fell on the spot and was immediately taken for medical treatment but succumbed to the injuries.

(3.) On the basis of the said fardbayan, Nawanagar P.S. Case No. 85 of 2015 was instituted under Sec. 302 of the Indian Penal Code and investigation was taken up. After completion of investigation, charge-sheet was submitted against the appellant. The case was committed to the Court of Sessions, charge under Sec. 302 IPC was framed, and the appellant pleaded not guilty and claimed trial.