- (1.) THE accused appeals.
(2.) THE appellant, Bishwanath Mochi, was tried and convicted under Section 302 I.P.C. He was sentenced to imprisonment for life. The allegation against him is that at 10.00 p.m. on 27.12.1996, he entered the house of the deceased, Surajdeo Kumar, the husband of P.W. 1, Muni Devi, and beat him with wooden plank on the head and other parts of the body, leading to his death. The facts are as follows: P.W.1, Muni Devi, is the wife of the deceased, Surajdeo Kumar, and P.W.3, Sukari Devi, is the mother of the deceased. The deceased was born to P.W.3 through her second husband. The appellant was residing in the same village. The appellant had to pay a sum of money to the deceased and two days prior to the date of incident, the deceased asked the appellant to return the said amount. A scuffle ensued and the deceased was beaten. This is said to be the motive for the occurrence 3. At about 10.00 p.m., the deceased, Surajdeo Kumar, who is a rickshaw puller by profession, was sitting in his house and was about to lake his dinner. The appellant, after breaking open the door, entered the room where the deceased was sitting to take his dinner and thereafter beat him with wooden plank on the head and on other parts of the body. The occurrence was witnessed by P.W.1, Muni Devi and P.W.3 Sukari Devi, who raised alarm and on hearing the cries, P.W.4, Tulsi Ram and P.W.5, Sakindar, as well as other villagers rushed to the place. The appellant ran away from the scene of occurrence. As it was night, P.W. 1 could not go to the police station and on the next day, i.e. on 28.12.1996, P.W.1 went to the police station and gave fardbeyan, Ext.4, which was recorded and a crime was registered. P.W.8, Anuj Kumar, took up investigation in the crime.
(3.) P .W.8, on taking up investigation, conducted inquest by preparing inquest report, Ext.5, and sent the body to the hospital for autopsy.;