UDIT NARAYAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT on being tried before the Sessions Judge, Dumka in Sessions Case No. 59/1987 for an offence punishable under sections 302 of Indian Penal Code on the allegation that he caused death of the deceased Runia Devi with a sickle was found guilty by the trial Judge for which he was sentenced to imprisonment for life. The present appeal is against the said conviction and sentence imposed upon the appellant.

(2.) THE facts are as follows:

(3.) AT about midnight on 25/26th August, 1985 PW 1 Uma Charan Yadav heard the cries of PW 4 Shivnarayan Yadav. PW 4 rushed to the house where the deceased was living and. he found the deceased Runia with injuries. On being questioned as to how she suffered the injuries, the deceased Runia Devi informed PW 4 that she was given a blow with Jhorni (sickle) by the appellant. In the meantime, on hearing the cries, PW 3 Bishwanath Yadav, the village Mukhiya, PW 4 Chandrika Yadav and PW 9 Sitaram Yadav rushed to the place. PW 3 Bishwanath went to fetch a doctor but by the time the doctor could arrive, Runia Devi breathed her last. On the next day, on coming to know about the occurrence in the village, police officer went to the home of PW 4 Shivnarayan Yadav who gave faro beyan Ext. 2 which was formally registered at the police station at 1.30 p.m. on the printed FIR (Ext. 5).