PRAMOD SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Death Reference as well as Criminal Appeal No. 1374 of 2007 relates to judgment of conviction and sentence dated 11.10.2007/12.10.2007 passed by Sri Arun Kumar Singh, Additional Sessions Judge, Fast Track Court, No. -V, Saharsa in Sessions Case No. 109 of 2006. By the impugned judgment and order, sole appellant, Pramod Sah has been convicted for offence u/s 302 of the Indian Penal Code and awarded death sentence.

(2.) THE F.I.R. of Saur Bazar P.S. Case No. 21 of 2006 was registered for offence u/s 302/34 of the Indian Penal Code on the basis of fardbeyan of Kishun Sah (P.W. 7) on 23.1.2006 at 8.00 p.m. at village, Arraha, P.S. -Saur Bazar in the district of Saharsa. Informant is brother of the deceased, Pramila Devi @ Musani Devi who was informed by one, Bindeshwar Sah (P.W. 8) regarding murder of his sister, Pramila Devi @ Musani Devi.

(3.) FARDBEYAN of the informant was recorded by Anil Kumar "Yadvendu", Officer -in -charge, Saur Bazar P.S. (P.W. 10), formal F.I.R. was registered on the basis of this fardbeyan. The case was investigated by P.W. 10 and charge -sheet was submitted against Pramod Sah (appellant) and his wife Mamta Devi. After cognizance, the case was committed to the court of sessions and finally, by the impugned judgment, the appellant has been convicted and sentenced to death.