BIRBAL PAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant herein calls in question the judgment dated 6th of August, 2013 passed by the Sessions Judge, Munger in Sessions Trial No.617 of 2011 whereby he is convicted to undergo life imprisonment for an offence under Section 302 of the Indian Penal Code with regard to intentionally causing the death of deceased Sanju Devi, wife of Surajdeo Pal, by hitting her with a Kulhari on the head.

(2.) It is the case of the prosecution that Surajdeo Pal, P.W.6, the informant and husband of the deceased, filed an FIR to the effect that on 14.06.2011, the accused Birbal Pal had constructed a fence on a land which was near to his house and in view of this at 4.30 A.M. in the morning on 15.06.2011, his wife, deceased Sanju Devi, had questioned Birbal Pal as to why he had done so. It is said that getting annoyed with such a query made, the accused went to his house, got hold of Kulhari and assaulted Sanju Devi with the Kulhari (Axe) on the left side of her head. It is said that the informant, P.W.6, was standing on the roof top of his house from where he saw the incident. Sanju Devi fell on the spot and along with co-villager she was taken to the hospital where she is said to have died on 23.06.2011 while undergoing treatment. On the basis of the aforesaid allegation, the prosecution was launched, the following witnesses were examined:

(3.) As far as P.W.1 Ghanshyam Pal is concerned, he has not witnessed the occurrence, but came to the spot after the incident had taken place and he saw Sanju Devi lying there with a head injury and blood oozing. All the persons present there told him to take Sanju Devi to the Hospital. He saw that Sanju Devi was alive at the time when the incident took place. She was taken to the hospital for treatment and it is said that during the course of treatment she died. He specifically says that he has not seen who assaulted the deceased, but implicated the appellant on the basis of information given to him by the villagers present there.