NAGESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned amicus curiae appearing for the appellant as well as learned Additional Public Prosecutor for the State.

(2.) This criminal appeal has been preferred against the judgment of conviction dated 20.07.1994 and sentence order dated 25.07.1994 passed by learned 3 rd Additional Sessions Judge, Aurangabad in Sessions Trial No. 102 of 1993/ 07 of 1993 by which and whereunder he convicted the sole appellant for committing the murder of deceased Tapeshwari Devi and accordingly, sentenced him to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code.

(3.) Pw-11, namely, Vikas Singh gave his ferdbeyan to PW-12 on 212.1992 at about 01:00 P.M. at Madanpur police station to this effect that on 22.12.1992 at about 07:00 P.M., the sole appellant assaulted his mother Tapeshwari Devi by means of garasa as well as with back of garasa as a result whereof, his mother sustained injury. He further claimed that when he tried to save his mother, he was also assaulted by the appellant. However, after the aforesaid occurrence, he as well as others brought his mother to his home but could not go to police station to lodge the case just after the occurrence as no vehicle was available to go to concerned police station which was at the distance of 17 kms. In the next morning, the PW-11 brought his mother to Madanpur Hospital where she was declared brought dead and thereafter PW-11 went to police station and lodged the first information report.