DUDH NATH GURU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant has been convicted under Sections 302 and 504 of the Indian Penal Code and sentenced to rigorous imprisonment for life for the offence under Sec. 302 of the Indian Penal Code and simple imprisonment for one month for the offence under Sec. 504 of the Indian Penal Code and fine of Rs. 5000.00, in default of which, further simple imprisonment for one year vide Judgment of conviction dated 21.06.2013 and Order of sentence dated 27.06.2013 passed by the 3rd Additional Sessions Judge, Bagaha, West Champaran, in Sessions Trial No.26 of 2009.

(2.) The case of the prosecution, according to the Fardbeyan of the deceased Lalita Devi, is that on 21.06.2008 when she was returning home from the forest, the Appellant met her on the way and started to make overtures but she resisted. In this course, the Appellant took out a knife from his pocket and assaulted her twice on her belly on account of which she was injured. Somehow, she came out from the forest and then she was removed to the hospital where she gave the present statement in presence of her husband (P.W.1).

(3.) It appears that the deceased died five days later and the Post-Mortem Examination Report, which is Ext.5, proved by P.W.6 Gokul Sharma, shows that the cause of the death of the deceased was on account of Septicaemia and shock due to perforation of intestine leading to peritonsis and gangrene of intestine due to sharp incised wound of abdomen.