ONKAR PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Onkar Prasad Gupta and his father Sri Prasad Gupta, were arrayed as A1 and A2 before the 1st Additional Sessions Judge, Dumka in Sessions Case No. 6 of 1987/23 of 1988 for an offence punishable under Sections 302/34 of Indian Penal Code. After trial, the trial Judge, acquitted Sri Prasad Gupta, but finding the appellant alone guilty under Section 302, IPC, convicted and sentenced him to rigorous imprisonment for life. The present appeal is against the said conviction and sentence of imprisonment for life.

(2.) The facts are as follows :

(3.) The deceased Nirupa Devi was given in marriage to the appellant Onkar Prasad Gupta, about five years prior to the date of the incident. After marriage, the appellant and the deceased Nirupa were living as tenant in the house of PW2, the landlord of the said house. The deceased did not conceive and there used to be quarrels between the deceased and the appellant on account of that. This is said to be the motive for the unfortunate incident which took place at about 8.00 p.m. on 25th April 1986.