- (1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 01.11.2004 passed by Shri Nalin Kumar, learned Additional Sessions Judge, (F.T.CV), Deoghar in Sessions Case No. 86/2004 whereby, the appellant having been found guilty of charges under Section 302 I.P.C, has been sentenced to undergo imprisonment for life besides a fine of Rs.5,000/ and in default thereof, to undergo further imprisonment for six months.
(2.) The case of the prosecution, in brief, is that on 15.10.2002 while the informant Lilu Yadav was lying on a cot in the verandah of his courtyard of village home and his son Aklu Yadav was lying on another cot in the courtyard, at about 7 P.M. the appellant Brahmdeo Yadav, soninlaw of his son Aklu Yadav, armed with Bhujali directly entered into the courtyard and started assaulting his son Aklu Yadav. Aklu Yadav raised hulla upon which his daughterinlaw and grand daughter rushed to save him, but the appellant threw Bhujali in the courtyard and fled away. He saw that his son Aklu Yadav had received bleeding injuries on his right arm and armpit from which a lot of blood was oozing out. He and his family members raised hulla upon which covillagers assembled and somehow the injured was taken to Debipur and from there on a trekker to Shankarpur Station and while he was brought from Shankarpur to Deoghar Hospital, in the way, the injured succumbed to the injuries. After examining the injured at Sadar hospital, Deoghar, the doctor declared him dead.
(3.) After investigation chargesheet was submitted against the appellant. In order to prove the case, the prosecution has examined as many as fourteen witnesses including the I.O and exhibited the documents including the F.I.R and postmortem report.;