BHADRA DEHRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant Bhadra Dehri stands convicted for the offence punishable under Sections 436 and 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code, by the 1st Additional Sessions Judge, Dumka in Sessions Case No. 324 of 1993.

(2.) BRIEF facts leading to this appeal are that in the night of 17.5.1993 at about 11.00 P.M., the informant (P.W.1) woke up on hearing 'hulla' to find that the house of the appellant was burning. He along with other villagers, P.W.2, P.W.3, P.W.4 and P.W.5, rushed to the place of occurrence to further find that the appellant was carrying an axe and the dead body of his wife Chatur Dehrian having her head severed was lying on cot. According to the informant, the appellant was threatening any one coming near to him saying that he has sacrificed the lady to please his forefathers. The villagers keeping watch over the appellant called the village Chowkidar. However, due to fear no one came near the appellant present at the place of occurrence. In the morning, the appellant was overpowered and confined by village people while information was sent to Sikaripara Police regarding the incident.

(3.) THE present appeal has been preferred by the appellant from jail, admitted on 18.12.1995 and Mr. Ajay Kumar Pathak, was appointed Amicus Curiae to this assist this Court for disposal of the case on merit.