BINDESHWAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been directed by the appellant against the judgment and order dated 4.1.1990 passed in Sessions Trial No. 218 of 1988 by Shri S.K.P. Verma, 7th Additional District Judge, Dhanbad whereby and whereunder the appellant was found guilty for the offence punishable under Section 302 of the I.P.C. and he was convicted and sentenced to undergo R.I. for life.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. -1) of P.W.1, Dulali Rajwarin, the informant, recorded on 16.9.1985 at 10.30 hours in Chaitudih Colliery Siding; Dhanbad regarding the occurrence which is said to have been taken place on that very day at 9 hours.

(3.) THE appellant has pleaded not guilty to charge levelled against him and claimed himself to be innocent and to have been falsely implicated in the case. His defence in the alternative is that in exercise of the right of private defence of the person of his mother Nirmala Devi he has assaulted the deceased while he was attempting to commit rape on his mother.