DHARMENDRA YADAV Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) By Court. Heard Mr. Rajeeva Sharma, learned senior counsel for the appellant and Mrs. Nehala Sharmin, learned Special P.P.

(2.) This appeal is directed against the judgement and order of conviction and sentence dtd. 28/6/1996 passed by Shri Pashan Xaxa, learned Sessions Judge, Sahebganj in Sessions Case No. 69 of 1996 whereby and whereunder the appellant has been convicted for the offence punishable under Sec. 302/34 IPC and has been sentenced to undergo rigorous imprisonment for life.

(3.) The prosecution case arising out of the Fardbeyan instituted by Bishwanath Prasad Sah is to the effect that on 28/9/1994 he along with the other members of his family were sleeping on the roof of his house and one of his sons namely Ranjit Kumar was sleeping in the verandah. In the night, the informant had heard a sound of alarm from his son at which he came down and found his son in an injured condition and he was also in an unconscious state. On raising an alarm, people had arrived and a rickshaw was arranged and the injured was being taken to the hospital but on the way he breathed his last. It has also been alleged that when he had heard the cry of alarm from his son he had seen in the light of the torch, 3-4 persons running away.