UPENDRA BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant was tried for the charge under Section 302 of the Indian Penal Code for committing murder of the informant's husband, Baidyanath Bhagat. By the impugned judgment, the appellant has been held guilty and convicted under Section 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life.

(2.) BRIEFLY stated, the prosecution case is that on midnight of Thursday fire broke in the house of the deceased Baidyanath Bhagat, which also engulfed a portion of adjoining cottage of Upendra Bhagat. The said Upendra Bhagat after two days i.e. on Saturday dragged Baijnath Bhagat to his house and assaulted him with Lathi and gave 3 -4 blows; resulting into instantaneous death of Baijnath Bhagat. The reason was the alleged damage of a portion of cottage caused by fire, which broke in the house of Baijnath Bhagat.

(3.) ON completion of investigation, police submitted charge sheet against the accused -appellant under Section 302 of the Indian Penal Code. The cognizance of the said offence was taken and the charge was framed and the case was committed to the court of sessions.