HARI NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction under Sec. 302 of the Indian Penal Code against the sole appellant passed on 19th Nov., 2010 and order of sentence dated 20th Nov., 2010 of life imprisonment by Additional District and Sessions Judge, F.T.C.- Vth, Ara.

(2.) Being aggrieved by the said judgment of conviction and sentence, the present appeal has been filed by the appellant.

(3.) The prosecution case in brief as narrated by Santlal Ram, the informant as well as the victim of the case in his fardbeyan given before the police in the Government hospital, Sandesh is that in the night of 7.9.1983 at 10.30 P.M., he was sleeping in his Bailthara after having his dinner. He woke up on hearing sound of foot steps on dry lives. In the meanwhile, Hari Narayan Singh, co-villager stabbed with knife in his abdomen as a result of which intestine bulged out from the abdomen. On alarm raised by the informant, his son Dharmendra Kumar (P.W.2), Jugul Ram (P.W.1) and many other co-villagers turned up but the accused managed to escape. The informant identified the accused in the light of burning lamp. The incident took place as a few days back, the accused Hari Narayan Singh had purchased some articles from informant's shop and a sum of Rs.10.00 was due. As the informant reminded the appellant for the money, he entered into verbal dual and threatened him with dire consequences.