RAM AKSHAYA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred by the sole appellant against his conviction under sec. 302 of the I.P.C. by the impugned judgment dated 2nd February, 2002 passed by learned 1st. Addl. Sessions Judge, Sitamarhi in Sessions Trial No. 171/97/19/01.

(2.) THE charge found proved against the appellant is of having caused death of his brother Ram Nandan Sharma (deceased) and for that he has been awarded the sentence of rigorous imprisonment for life. He has further been sentenced to pay a, fine of Rs. 10,000/ - and in default to under go rigorous inprisonment for a further period of two years. In case of realisation the amount of fine has been directed to be paid to the wife of the deceased as compensation.

(3.) THE fardbeyan and the F.I.R. which are available on record as part of the police papers have not been formally proved by the prosecution but on that basis investigation was carried on, witnesses were examined, allegedly recovery of the weapon of assault and empty cartridge was also made from near the place of occurrence in the village after the arrest of the accused effected two days after the occurrence. The dead body was sent for postmortem examination and the post -mortem report has been proved by the doctor as Exhibit -1.