MATHUR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Hemant Kr. Shikarwar, learned counsel for the appellant and Mr. Vineet Kr. Vashishtha, learned Spl. P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 16/4/1999 (sentence passed on 17- 04-1999) passed by Sri Prashant Kumar, learned Additional Sessions Judge, Bermo at Tenughat in S.T. No. 188 of 1996/53 of 1996 whereby and whereunder, the appellant has been convicted for the offence under Sec. 302 IPC and has been sentenced to imprisonment for life.

(3.) The prosecution case arises out of the fardbeyan of Sohan Mandal recorded on 8/8/1995 in which it has been stated that in the night of 7/8/1995, when the informant was returning home after easing himself, he saw in the alley Mathur Mandal(appellant) assaulting Shakti Mandal with fists and pressing his neck. By the time the informant could reach the said place, Shakti Mandal fell down and became unconscious. When on alarm, Gobind Mandal reached at the place of occurrence, Mathur Mandal had fled away. Several villagers had assembled by then, who put Shakti Mandal in a cot and carried him to his house. After sometime, Shakti Mandal expired. The reason for the occurrence is that on 7/8/1995 at 10:00A.M., there was an altercation between the wife of Mathur Mandal and Shakti Pad Mandal on the issue of a child defecating in the kitchen garden and which flared up when Mathur Mandal was informed about the incident by his wife on his returning home and which caused the assault. Based on the aforesaid allegations, Nawadih P.S. Case No. 67/95 was instituted against Mathur Mandal under Sec. 302 IPC. On completion of investigation, charge sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as S.T. No. 188 of 1996/53 of 1996. Charge was framed against the accused under Sec. 302 IPC which was read over and explained to him to which he pleaded not guilty and claimed to be tried.