RAMJEE YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated the 3rd September, 1991 passed by Shri Pashan 1st Additional Sessions Judge, Munger in Sessions Trial No. 64 of 1990, by which the sole appellant was found guilty under Section 302 of the Indian Penal Code (hereinafter to be called as "the Code" for short) and was sentenced to undergo R.I. for life.

(2.) The facts leading to this appeal are that Geeta Devi, wife of Asharfi Yadav of village Singhia, P.S. Naya Ram Nagar, District Munger gave her Fardbeyan before the police Shri R.D. Singh, A.S.I. of Kotwali police station, stating therein that on that day, i.e. 10.10.1989 she along with her husband Asharfi Yadav (deceased) had gone to see Mela in the Durga Asthan of the village. In the said Mela she came to know that the appellant Ramji Yadav, who is own brother of her husband (i.e. her Bhaisur) picked up a she goat (pathi) from her house and killed the same. At about 10 p.m. when they returned back to their house they met the accused-appellant near the house of one Dashrath Chaudhary.

(3.) On that the accused-appellant was found guilty and was convicted and sentenced in the manner as aforesaid.