JAI PRAKASH PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the Judgment of Conviction and sentence order dtd. 13/12/1994 passed by the learned 9th Additional Sessions Judge, Patna, in Sessions Trial No. 05 of 1990, by which and whereunder, he convicted the appellant for the offence punishable under Sec. 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.

(2.) P.W.6, namely, Sarjun Pandit, gave his Fardbeyan to Officer-in-charge of Danapur Police Station, in presence of local Chawokidar, namely, Chandeshwar Rai (P.W.3) and appellant on 2/9/1989, to this effect that on the same day at about 12.00 noon, he was preparing earthen pot on his roof and in the mean time, his wife Phuljhari Devi came to home and seeing her the appellant ran towards her having dagger in his hand upon which, his daughter Lalti Kumari (P.W.5) started crying. The appellant, thereafter, kept the dagger in the house and picked up Shisam log and gave one Shisam log blow on the head of Phuljhari Devi, as a result whereof, she fell down there. The appellant again picked up Khanti and gave a second blow on the head of Phuljhari Devi, as a result whereof, Phuljhari Devi died then and there. P.W.6, further, claimed that he went running there to save his wife but the appellant started pressing his neck after overthrowing him on the ground. However, in the mean time P.W.3, Chandeshwar Rai, the local Choukidar, came there and caught the appellant and the appellant was brought to the police station by the Chauokidar. The reason behind the alleged occurrence was domestic dispute.

(3.) On the basis of Fardbeyan of P.W.6, Sarjun Pandit, Danapur P.S. Case No. 319 of 1989 was registered against the sole appellant for the offence punishable under Sec. 304 of the Indian Penal Code.