PRABHU BHUIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant preferred this appeal against the judgment of conviction and sentence passed by the 4th Additional Sessions Judge, Palamu in connection with S.T. No. 3 of 1995, whereby the Equivalent Citation:2004 -LLJ -1 -534 whereunder the learned Additional Sessions Judge convicted the appellant under Section 302, IPC and sentenced him to undergo rigorous imprisonment for life.

(2.) THE prosecution case in brief as stated is that on 16.11.1993 the informant had gone for harvesting the paddy crop of Banwari Singh and after returning in the evening he heard the cry of his daughter Kamli Kumari and niece Anti Kumari and son Thepa Bhuian. Thereafter, he rushed towards his house and saw his son Bokha Bhuian lying in a pool of blood and he was restless and he also saw the accused/appellant Prabhu Bhuian fleeing away with tangi. He followed the appellant Prabhu Bhuian and tried to catch him but the appellant threatened that he would also be killed like his son and thereafter he came back and raised alarm. Thereafter, neighbours rushed to the spot. Accordingly, FIR was lodged and registered under Section 302/307, IPC in presence of one Lallu Bhuian.

(3.) THERE is specific and direct allega - tion as made in the FIR by the informant that on hearing the crying of his daughter and niece, he rushed to the spot and found his son dead in a pool of blood when the appellant was fleeing away with tangi and on inquiry from his daughter and niece they narrated and gave out a vivid picture of the incident claiming that the appellant killed Bokha Bhuian by tangi and there - after the appellant fled away.