STATE OF BIHAR Vs. HANUMAN KOERI (SINGH)

JUDGEMENT

(1.) This is a reference Under Section 874 of the Criminal P.C. from the Sessions Judge of Shahabad at Arrah for the confirma-tion of the sentence of death imposed upon . Hanuman Koeri, also known as Hanuman Singh, who is convicted for the offenoe of murder Under Section 302 of the Indian Penal Code. The oonvicted person, hereinafter referred to as the appellant, haa also preferred an appeal through a lawyer. The reference and the appeal have been heard together and they will be governed by this judgment.

(2.) The substance of the case against the appellant is that there wa3 an occurrence at about 3 a. m. between the night of Tuesday. Wednesday corresponding to the 5th/dth July, 1966, in village Jaitpura, within the jurisdiction of police station Ramgarh, in the district of Shahabad, in which he had caused the death of a co.villager, named Ramdeo Koeri.

(3.) The facts of the prosecution case are aa follows: