BINOD YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the Appellant and learned counsel appearing on behalf of the Additional Public Prosecutor.

(2.) The Appellant has been convicted under Sec. 302 I.P.C. and sentenced to undergo Rigorous Imprisonment for life and fine of Rs. 5000/ -, in default of which, Simple Imprisonment for 6 months. Further he has been convicted under Sec. 323 I.P.C. and sentenced to undergo Simple Imprisonment for one year by a Judgment dated 06.05.2011 passed by the Additional Sessions Judge, Aurangabad in Sessions Trial No. 299 of 2008 arising out of Rafiganj P.S. Case No. 146 of 2007.

(3.) The case of the prosecution, according to P.W.8 Lalo Devi, mother of the deceased Prem Kumar, is that on 13.11.2007 at about 5.00 pm. the Appellant and some others variously armed came to her door and thereafter, the Appellant started to abuse and assault her and when her son Prem Kumar and another son Anirudh Kumar came to save her, the Appellant is said to have given Chura blow upon Prem Kumar, whereas another accused Arjun Yadav gave Chhura blow to her another son Anirudh Kumar causing grievous injury. The reason was that the accused persons tried to outrage the modesty of her daughter and when they protested, the occurrence took place. The present First Information Report was instituted the next morning when her son Prem Kumar died at the hospital at 7.15 am.