LALTUSH MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned APP for the State.

(2.) This appeal has been preferred against the judgment and order of conviction dated 16.08.2012 and order of sentence dated 24.08.2012 passed by Adhoc Additional District and Sessions Judge-3, Bhagalpur in Sessions Trial No.765 of 2009 arising out of Nathnagar P.S. Case no. 83 of 2009, whereby the learned trial Court convicted the accused Laltush Mandal under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life and also slapped him with a fine of Rs. 5000/- and in default of payment of fine to undergo S.I. for three months under Section 302 of the Indian Penal Code.

(3.) The factual matrix of the case is that Nathnagar P.S. Case No. 83 of 2009 was instituted under Section 302 of the Indian Penal Code against accused Laltush Mandal on the basis of fardbeyan of Gopi Mandal S/o Gajadhar Mandal recorded by S.H.O. of P.S. Nathnagar near Basa of Pathoo Mandal on 19.04.2009 at 2:15 PM with the allegation, in succinct that on 19.04.2009 in the morning, his wife had gone to maize field located at 1 km. from his house to bundle the maize straw. His nephew, in relation namely, Laltush Mandal also arrived there and started making bundle of maize straw. When his wife forbade him, Laltush Mandal chiding her extended threatening of dire consequences. At 9:45 AM, when his wife arrived at the hand pump located near Basa of Pathoo Mandal to drink water, Laltush Mandal armed with knife arrived there and assaulted on the breast and stomach of his wife with intention to do away with her life. His wife succumbed to her injury on the spot. Thereafter, Laltush Mandal made good his escape brandishing knife and swimming across the Ganga river. Chitranjan Mandal, Umesh Mandal and Laxmi Mandal witnessed the occurrence and tried to overpower Laltush Mandal, but they could not succeed in their attempt due to aggressive attitude of the accused.