MAHABIR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant-Mahabir Singh has preferred this appeal challenging the judgment of conviction dated 23.11.1999 and order of sentence dated 25.11.1999 passed by learned Vth Additional Sessions Judge, Giridih in S.T. no.14/98, whereby the appellant has been convicted under section 302 of the Indian penal Code and sentenced to undergo life imprisonment.

(2.) The prosecution was launched on the basis of fardbeyan of the deceased's daughter-Saraswati Devi (P.W.2).

(3.) The prosecution case, in brief, is that on 8.7.1997 at about 10 A.M., the accused-appellant was plucking Jack fruit from the tree. In the meantime, mother of the informant-Panma Devi had returned from jungle with fire wood and objected spreading jack fruits all around complaining damaging her standing crops in the field. After sometime, the informant's mother sat beside the road and her uncle (appellant) started separating bamboos. Thereafter there was hot exchange of words between them. The appellant assaulted her mother by an axe on ear, cheek and back side of the neck of the deceased. The informant's mother cried for help and on hearing the same, the informant rushed there and found her mother dead.