CHANDRAVAN YADAV Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE accused appeals. CHANDRAVAN Yadav, the appellant in the above appeal was charged and tried under Section 302 of the Indian Penal Code, on the allegation that he caused stab injury on Dwarika Rajbhat, leading to his death. The trial court, finding him guilty, as charged, sentenced him to imprisonment for life. Hence, the present appeal.

(2.) THE case of the prosecution can be briefly summarized as follows : PW -6, Parbati Devi, is the wife of the deceased Dwarika Rajbhat. The deceased was working as a driver under one Awadhesh Yadav, one of the owners of Kiln at Azamgarh. He left his house for duty on 23.11,1993 and returned home and later, left the house at 7.15 p.m. and did not return home. It is the further case of the prosecution that the deceased was friendly towards the appellant and they used to call each other as brother -in -law. The deceased went to the house of the appellant and was seen quarreling with him. There was exchange of words between them. At that time, the deceased kicked the appellant and came out of the house. This angered the appellant. He lost his tamper, followed the deceased with a knife and stabbed him.

(3.) ON receipt of the requisition, PW -10, Dr. Shailendra Kumar, conducted autopsy on the dead body and he found the following Injuries: