SAMARENDRA PRATAP SINGH,J. - (1.) Heard learned counsel for the Appellant and learned counsel for the Additional Public Prosecutor as well as learned counsel for the Informant.
(2.) The sole appellant Sanjay Yadav has been convicted under Section 302 of the I.P.C. and sentenced to undergo Imprisonment for life along with fine of Rs. 10,000/-, in default of which, further sentenced to undergo one year imprisonment.
(3.) The prosecution case, as set out in the fardbeyan (Exhibit-3) of informant Ahmad Khan (P.W. 2) recorded by Gajendra Prasad Singh (P.W. 5), S.H.O., Chakand O.P. on 19.04.2009 at 13:30 pm. in Budhuwa Maweshi Hat, is that the Hat belongs to Dr. Shamim Ahmad Khan of village Agthu, who lives with his family in Gaya. The deceased Md. Amanullah Khan had taken the Hat land on lease for the purpose of organising sale and purchase of cattle. On 19.04.2009 at about 12:00 O'clock, he was checking his accounts under a Mango Tree in North-West corner of the Hat. The informant along with Kishori Manjhi and Sher Khan were sitting next to him listening songs on his mobile. In the meantime, Krishna Yadav and Dwarika Yadav, both of village Molvi Chak, P.S. Chandauti came and sat near Md. Amanullah Khan and indulged in discussions with him, over the ownership of Dr. Shamim Ahmad Khan of the Hat land. In the meantime, appellant Sanjay Yadav, son of Dwarika Yadav also arrived having covered his face with white Gamcha. He sat behind Md. Amanullah Khan and cut his neck with sharp Fasuli. On account of injury, Md. Amanullah Khan fell on the ground. Soon thereafter, Krishna Yadav fled towards South, whereas Dwarika Yadav and his son Sanjay Yadav ran East, towards his village Maulvi Chak. On their hulla, several persons arrived but by that time, all three accused persons had already fled. The deceased Md. Amanullah Khan died at the place of occurrence.;