- (1.) THE Appellant on being found guilty for committing murder of his own uncle Chhotu Tanti was sentenced to undergo imprisonment for life.
(2.) THE case of the prosecution is that on 4.6.1998 at about 11 a.m. Makhri Devi, sister of the Appellant came to the house of the Appellant, who at that time was not present in the house. At about 12 O'clock when the Appellant came home, he found Makhri Devi there to whom he asked as to why she has come to his house. He also asked her to go away. By saying so, the Appellant went away for taking bath in the river. After half an hour, when the Appellant came back, the deceased Chhotu Tanti, husband of the informant Ghutri Devi (P.W.1) asked the Appellant as to why he is not allowing his sister to enter into the house. That led to verbal altercation in between the deceased and the Appellant. Thereupon the Appellant brought a sword from his house and pierced it on the chest of the deceased. He took it out from the body and threw it down there and ran away. The deceased immediately died at the spot. Thereafter the informant, Ghutri Devi (P.W.1) along with others brought the dead body to Saraiyahat Police Station along with others where she gave her Fardbeyan (Ext.3). Upon which a case was registered. At the time of giving Fardbeyan, sword was also produced which was seized by the police under Seizure List (Ext.5). After holding inquest on the dead body the Investigating Officer, Om Prakash Singh (P.W.9) prepared an inquest report (Ext.6). Thereafter the dead body was sent for post mortem examination which was conducted by Dr. C.P. Sinha (P.W.2) who found penetrating wound 3/4 " x 1/4 " x chest cavity deep over the front of upper part of left side of chest 2" below the left clavicle. On dissection, pleura and lung was found punctured.
(3.) ACCORDINGLY , Dr. issued post mortem examination report (Ext.1) opining therein that the death was caused due to haemorrhage and shock, as a result of aforementioned injuries.;