MANNU SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant is aggrieved by the judgment dated 21.12.1987, passed by the learned Sessions Judge, Nalanda at Biharsharif, whereby he has been convicted under Section 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life. He has also been convicted under Section 201 of the IPC, and has been sentenced to undergo rigorous imprisonment for three years. Both the sentences have been directed to run concurrently. It is a case of circumstantial evidence. We shall hereinafter describe the accused Mannu Sao as the appellant.

(2.) ON 14.12.1985, at 11.00 AM, a Fardbeyan at the instance of the appellant was recorded by P.W.4 (Hridya Narain Singh), Sub -Inspector of Police of Nalanda Police Station, that he is living with his wife Bimala Devi in his cabin at his agricultural lands in village Mohanpur, he is engaged in the avocation of cultivation. According to the Fardbeyan, he had on that day, at about 9.00 AM, gone over to Nalanda More for some personal work, and had returned to his cabin at about 10.30 AM. He found his wife Bimla Devi lying in burnt condition in amidst chilly plantation in front of his cabin. Her body was very badly burnt and there was trail of kerosene oil from the cabin to the well where the dead body was lying. He found that Bimla Devi was partially alive dqN dqN ftUnk Fkh. He informed one Bhola Babu for help to take her to a Doctor for treatment. By the time she could be lifted to be taken for treatment, she died. He is of Teli caste, and his wife was of Koiri caste. He was about to leave to go over to the police station but the Sub -Inspector of Police arrived there. It was registered as U.D. Case No. 7/85, dated 14.12.1985, and has been marked Exhibit -7 during the course of the trial.

(3.) THE appellant pleaded innocence, stated that he had not committed the offence, and claimed to be tried.