DUDHESH SHARMA @ DUDHESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant; being aggrieved by the judgment and order dated 20.08.2002 and 21.08.2002 passed by the 10th Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 512 of 1997/187 of 1997 holding him guilty for offence u/s. 302 of the Indian Penal Code and inflicting the punishment of imprisonment for life, has preferred this appeal.

(2.) Prosecution story, according to the fard beyan given by P.W. 7 Ram Naresh Sharma before the Sub-Inspector of Police of Sonepur Police Station on 20.2.1997 at about 11.15 A.M. at village Babhantoli is that in the morning his wife Shanti Kumari, a Teacher in a Government Middle School was cooking, when he asked her to prepare tea. At that time he was sitting by her side and at that time, his third brother, Dudhesh Sharma the appellant herein came armed with a sickle and suddenly slit her neck by holding her hairs. Informant immediately wraped Muffler and Sawl on her neck to stop bleeding. Thereafter she was being taken for treatment to the Patna Medical College Hospital but she died in way at Kumar Ghat. According to the informant his sister-in-law and children had seen the occurrence.

(3.) The motive of the occurrence, according to the First Information Report is that few days prior to the incident, appellant was pressing to obtain gun licence so that he could be employed as a private Guard. Informant disclosed his helplessness, which annoyed the appellant and he suspected that his wife, the deceased is the stumbling block in the same.