KRISHNA DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under section 302 of the Indian Penal Code for committing murder of one Prabhawati Kumari aged about eight years.

(2.) THE First Information Report was lodged by one Ramayan Raut at 23 hours on 17.8.88 alleging inter alia that while her daughter Prabhawati Kumari and other children were tending their goats on the side of the road of a School the appellant came there with a sword in his hand. He asked all the children to lay down and when Prabhawati Kumari laid down on the ground the appellant assaulted her with the sword causing injuries on her ear, neck and left hand. The girl died on the spot instantaneously and the other children being frightened fled away. On alarm raised by the informant, the father of the deceased, the villagers including the informant chased the appellant and apprehended him. Meanwhile, the appellant threw away his sword.

(3.) AFTER investigation the chargesheet was submitted and the trial of the case proceeded.