SUNILKUMARSAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted by the trial court under Section 302 of the Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) Prosecution case, in short, is that on 30.10.1986 at 4.30 p.m. when the informant Arabian share was at his house, the appellant came there and called his son Kamlesh Kumar alias Tuntun. The appellant took Kamlesh Kumar with him. After some time, upon hearing hulla, the informant was going towards bypass and on the way near Government boating he met Rajesh Kumar (P.W.1) who informed him that his son has been shot by firearm by the appellant. It has also been stated that Rajesh told the informant that he went to the bypass along with Tuntun and Sunil. It has also been stated that Rajesh found that Sunil was sitting at the roof of boating house of one Cyan Mahto and he called Kamlesh Kumar then and fired at him with his pistol which his Kamlesh Kumar on his chest. Thereafter, accused started fleeing away and on hulla being raised the villagers chased and apprehended him. It has also been stated that the accused confessed his guilt before the villagers. Thereafter, the villagers were taking Kamlesh Kumar on a rickshaw to hospital but as he died on the way, they brought him to the house of informant. It is also stated that after some time Havildar came from police out-post who took the appellant into custody. Stating the aforesaid facts a First Information Report was lodged by Sub-Inspector of Police at the house of the informant on the same day at 7 p.m.

(3.) The police after registering the case, took up investigation and on completion thereof submitted charge-sheet. Upon receipt of charge-sheet the learned Magistrate took cognizance and committed the accused to the court of session to face trial.