KUSESHWAR SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Nawal Kishor Prasad, learned counsel for the appellant and Sri S. N. Prasad learned Additional Public Prosecutor for the State on this criminal appeal.

(2.) This criminal appeal has been preferred against the judgment and order of conviction dtd. 24/1/2012 and order of sentence dtd. 25/1/2012 passed by the Additional Sessions Judge, F.T.C.-IV, Darbhanga in Sessions Trial No.186 of 2010, arising out of Hayaghat P.S. Case No.104 of 2009, whereby the learned Trial Court convicted the accused Kuseshwar Sahni @ Kushaiya under Sec. 302 of the Indian Penal Code (hereinafter in short referred to as the 'I.P.C.') and sentenced him to undergo life imprisonment and also slapped him with a fine of Rs.10,000.00 and in case of default of payment of fine to further undergo R.I. for six months under the aforesaid sec. .

(3.) Factual matrix of the case is that Hayaghat P.S. Case No.104 of 2009 was instituted under Sec. 302 I.P.C. against the accused Kuseshwar Sahni @ Kushaiya on the basis of fardbeyan of Muni Devi, wife of Triweni Sahni recorded by S.I. M.P. Singh, S.H.O. Hayaghat on 11/12/2009 at 10 hours at village Akaraha with the allegation in succinct that on 11/12/2009 at around 6:30 AM while she was pressing the waist of her mother, namely, Jiwacchi Devi in the room, in the meantime, his cousin brother, namely, Kuseshwar Sahni @ Kushaiya armed with dagger intruded into the room and uttering rubbish uttered to eliminate all of them, whereupon she hided herself under the chowki scaringly. He noticing her presence under chauky made her to escape therefrom. He shoved her mother by assaulting her by means of leg and climbing on her chest assaulted her by means of dagger and slit her chest up to abdomen and also extricated her both eyes by means of dagger.