NARAYAN ROY,ANDM.L.VISA, JJ. - (1.) HEARD counsel for the parties.
(2.) THE sole appellant has been convicted under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. The prosecution case as disclosed in the Fardbeyan of Sk. Ghetu, PW. 11, briefly stated, is that in the night of 30th October, 1988, he was sleeping along with his two sons namely accused Sk. Ilyas and deceased Sk. Nayeem in the Baithka alter taking their supper. He was sleeping on chouki in the baithka whereas his son Ilyas was also sleeping on bench in the said baithka. Deceased Nayeem was sleeping in bench just outside the baithka in the east side of the Osara. In the dead of night the informant heard the sound of falling of bench and woke up from slumber. He saw his youngest son Nayeem wailing on the earth and his neck was chopped of. The blood was oozing out of the wound of neck. The informant raised an alarm which attracted neighbours towards the scene of occurrence. The accused was searched in the Baithka but he was conspicuously found absent. Thereafter a hectic search was made but he could not be located. The informant alleged that his son Ilyas committed murder of Nayeem by chopping his neck. There is also a motive for committing this ghastly crime. Sometimes before Ilyas had committed theft of Rs. 1500/ - belonging to this informant and had
(3.) /1/2013 Page 46 kept it inside the bed of his betterhalf. The deceased had recovered the amount inside the bed of his Bhabhi and had handed over the same to the informant. On such account accused Ilyas was at loggerhead with the deceased who was unmarried and was prosecuting his study. Murari Krishna Prasad Sinha Versus State Of Bihar 4. The fardbeyan of P.W. 11 Sk. Ghetu was recorded on 31.10.1988 at 10 A.M. and thereafter a formal F.I.R. was drawn up and a case under section 302 of the Indian Penal Code was registered against the appellant. After due investigation charge sheet was submitted against the appellant and after taking cognizance of the offence, the case was committed to the court of session 'swhere the appellant was tried and he was found guilty and was sentenced as indicated above.;