MADHO BARAIK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Anupam Anand, learned amicus curiae for the appellant and Mrs. Kumari Rashmi, learned A.P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 22/6/1996 passed by Sri Jaywant Tiru, learned Additional Sessions Judge, Simdega in S.T. No. 65 of 1992 whereby and whereunder the appellant has been convicted for the offence under Sec. 302 IPC and has been sentenced to imprisonment for life along with a fine of Rs.3000.00 and in default in payment of fine, to undergo further rigorous imprisonment for one year.

(3.) The prosecution case arises out of the fardbeyan of Rijhan Devi in which it has been stated that in the night of 28/29/7/1991, Mangra Baraik was sleeping on the verandah with his elder son and the informant and Mangri Devi, the two wives of Mangra Baraik, were sleeping nearby while the sister-in-law of the informant was sleeping in a room. It has been alleged that around midnight, a groaning sound was heard and when the informant and the other wife of Mangra Baraik woke up, they saw Madho Baraik(appellant) with a knife and Durja Singh going out of the house. It has been alleged that Mangri Devi had seen Madho Baraik pulling out a knife entrenched in the rib portion of Mangra Baraik. In the previous year, Madho Baraik had quarreled with Mangra Baraik and in the preceding evening, Madho Baraik had called Mangra Baraik, but the informant and Mangri Devi did not permit him to go as Madho Baraik was in an intoxicated condition.