BHARAT SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Manoj Kumar learned counsel for the appellant and Mr. Ajay Mishra 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. 11/6/2012 and order of sentence dtd. 14/6/2012 passed by the learned Additional Sessions Judge-XI, Saran at Chapra in Sessions Trial No. 604 of 2011/76 of 2011, arising out of Dighwara P.S. Case No. 44 of 2011, whereby the learned Trial Court convicted the accused Bharat Sah under Sec. 302 of the Indian Penal Code (hereinafter in short referred to as the 'I.P.C.') and sentenced him to undergo rigorous imprisonment for life and also slapped him with a fine of Rs.5000.00 and in default of payment of fine to further undergo imprisonment for six months under Sec. 302 I.P.C.

(3.) The factual matrix of the case is that Dighwara P.S. Case No. 44 of 2011 was instituted under Sec. 302 I.P.C. against accused Bharat Sah on the basis of fardbeyan of Nibha Kumari, daughter of Bharat Sah (appellant), recorded by S.I. Bindeshwar Prasad, S.H.O. of Dighwara P.S. on 17/4/2011 at 10:15 PM near the house of the informant with the allegation in succinct that on 17/4/2011 at around 5 PM her father, namely, Bharat Sah arrived at the house consuming liquor in inebriated condition and entered into a quarrel with her mother. Her father is mentally disturbed and sometimes behave like an insane person. In course of brawl her father took out knife from the house whereupon she stepped out of the house scaringily and made alarm for the help. In the mean time, on the screaming of her mother she again entered into the house and found the neck of her mother bleeding and lying on the ground and swirming and her father absconded. On the hulla, locals congregated there and rushed her mother to Dighwara hospital where the doctor referred him to the Patna Medical College and Hospital, Patna finding her condition precarious but her mother succumbed to her injury arriving at Patna. She has claimed that her father is squarely responsible for the occurrence.