PREM KUMAR PURTY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been found guilty for an offence under Section 302, I. P. C. and has been sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution story as stated by P.W. 1 in the Court is that on 19-7-83 she (P.W. 1) had gone to see cinema in J. M. Talkies along with her deceased husband, Banwari. At about 8.30 p.m. in the night they were returning to their home. The deceased was driving the cycle and P. W. 1 was sitting on the carrier with her baby. When they reached near the Zila School crossing, P. W. 1 saw one man coming from behind, and when they reached near the Railway Gumti, the man who was following them fired at her husband. Her husband fell down and died then and there. The informant thereafter raised alarm but nobody came. The man had fired at her husband fled away She could recognize the murderer by face. Thereafter P. W. 1 after leaving her husband and the cycle at the spot went to the Police Station and lodged case, which was investigated by P. W. 10 after closing the investigation submitted charge-sheet against this appellant. In course of investigation, the appellant was arrested on 20-7-83 and was put on test identification parade in jail on 8-8-83, where he was identified by P.W. 1 to be the assailant of her husband.

(3.) Ultimately the appellant was put on trial, where 12 witnesess were examined on behalf of the prosecution. The appellant denied the allegation and pleaded his innocence.