SHIVNATH CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant, being aggrieved by his conviction under Sec. 302 of the Indian Penal Code and sentence of imprisonment of life passed by the Vlth Additional Sessions Judge, Patna in Sessions Trial No. 1254 of 1998 has preferred this appeal.

(2.) Prosecution story, according to the fard beyan given by P.W. 4 Sanjay Choudhary before the Sub-Inspector of Police, Dhanarua Police Station on 1.4.1998 at 9.30 P.M. is that on the same day at about 6 P.M. while he hand his father Hardeo Choudhary (deceased) were sitting in the Dalan of Suresh Choudhary in front of his house, his father asked him to go to his residence to light lamp. According to the informant, while he was proceeding for that purpose, appellant Sheonath Choudhary came with a sickle and told his father that he wanted to cut his neck, whereupon his father answered that if he had such an intention he could do that. At this, appellant Sheonath Choudhary slit the neck of his father and he started tossing. According to the informant, he came running there and wanted to take his father to the hospital, but he died. He had also stated that appellant fled away from the place of occurrence.

(3.) On the basis of the aforesaid information, Dhanarua P.S. Case No. 53 of 1998 was registered at 11.55 P.M. on 1.4.1998 under Sec. 302 of the Indian Penal Code against the appellant only. However, during the course of investigation another accused, namely, Jailal Choudhary was found to be involved in the crime and, accordingly, police submitted charge sheet against the appellant and the said Jailal Choudhary. The learned Magistrate took cognizance of the offence and ultimately the appellant and said Jailal Choudhary were committed to the court of Sessions to face the trial. Appellant was charged for committing the offence of murder by intentionally causing the death of Hardeo Choudhary by cutting his neck with Fasuli (Siokle)