STATE OF BIHAR Vs. TEK NARAYAN CHAUHAN

JUDGEMENT

(1.) THE reference has been made for confirmation of death sentence awarded by 2nd Additional Sessions Judge, Nawadah in a case under section 302 of the Indian Penal Code in Sessions Trial No.245 of 1996/291 of 1996 whereas the appeal has been filed for setting aside the judgment and order of conviction and sentence passed in the above mentioned case.

(2.) THE case of the prosecution is that Narad Chauhan along with his injured wife, namely, Sakri Devi and injured baby aged about six months, namely, Kesri Kumari, went to the police station on 27.7.1996 and gave his statement at about 9.30 A.M. that at about 7 A.M. he was ploughing has field towards east of his house. On hearing alarm, he came to his house found that his brother Tek Narayan Chauhan killed his mother, Budhia Devi, in the house of his elder brother, Tulsi Chauhan with Saif. His wife, namely, Sakri Devi, who was sitting at her door with her daughter aged about six months in her lap were also assaulted with Saif by Tek Narayan Chauhan causing bleeding injury. He and his villager tried to catch him but he started running away. However, on chase he was caught and he was kept confined. During chase he thew the Saif. The motive of the occurrence was that they are four brothers and are separate but the well is only one. For draining out water of the well, there was altercation between the accused, informant and his brothers.

(3.) DURING the trial prosecution witnesses were examined. The statement of the accused was recorded under section 313 of the Cr.P.C. in which he admitted that at his instance Saif was recovered. The trial court convicted the appellant for the offence under section 302 of the Indian Penal Code and awarded death sentence, as stated above.