PAGLA @ ARUN KEOT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal arises against the judgment of conviction and sentence passed on 5/4/1999 and 7/4/1999 respectively by the 6th Additional Sessions Judge, Dumka in Sessions Case No. 51 of 1997, where by the learned Sessions Judge found the appellant guilty for committing the offence under Sec. 302 of the Indian Penal Code and, thereby, convicted him there under the sentenced him to undergo R.I. for life.

(2.) IN short, the prosecution case is that the informant Saryu Ram lodged FIR alleging therein that on 9.11.1996 at around 5,30 a.m. his wife Meena Devi (the deceased) had gone to daily morning walk towards Kalimanda situated at Hizla Road. Around about 6.00 a.m. there was a hulla that a woman was assaulted and injured near Kalimanda. At this the informant went there and saw that his wife Meena Devi was lying there in pool of blood having grievous injuries on her face. Thereafter, the informant with the help of some other people took her to the hospital on a Rickshaw in unconscious state. In the hospital he came to know that one person by name Pagla had assaulted and injured his wife. The case was initially lodged under Sections 323, 324 and 307, IPC but, since, the victim died in the hospital then Sec. 302, IPC was added.

(3.) IN order to establish the prosecution case altogether 10 prosecution witnesses were examined on behalf of the prosecution in course of the trial. Out of them, PW 2 Fulki Devi, DW 3 Jageshwari Devi and PW 4 Champa Devi are the eyewitnesses to the occurrence. PW 1 Gokul Keot, PW 5 Saryu Ram, PW 6 Renu Kumari and PW 7 Punam Kumari are the hear say witnesses. PW 8 Kartik Manjhi is a formal witness on the point of inquest. PW 9 Sita Ram Sah is the Doctor, who held postmortem examination on the dead body of the deceased whereas PW 10 Upendra Prasad Yadav is the Investigating Officer.