- (1.) THE sole appellant has been convicted under Section 302 of Indian Penal Code and is sentenced to life imprisonment by the impugned judgment passed in ST. No. 66 of 2001.
(2.) THE prosecution was initiated on the fardbeyan of Punam Devi, P.W. 3 who happens to be the elder sister -in -law (Bhabhi) of the deceased. The prosecution case, in brief, is that the accused -appellant Kunj Bihari Singh @ Langra had quarrel over a 'Gulel' (a kind of toy used for pelting stone sometime for hunting small birds). The allegation is that the deceased possessed the said gulel, whereas the accused - appellant claimed that it was his gulel. After the quarrel, when the deceased did not handover gulel to him, the appellant defied him to come to his home and on that provocation the deceased and his brother went to the house of accused -appellant. Then accused -appellant brought farsa from his house and assaulted the deceased with farsa on his neck from behind. The deceased sustained serious cut injury on his neck, as a result, Banarasi Singh fell down. The informant rushed there and served water, thereafter Banarasi Singh died. Some villagers assembled and tried to chase the accused -appellant, but, they could not succeed.
(3.) ON the basis of said fardbeyan formal F.I.R. was drawn. The case was investigated and on completion, charge -sheet was submitted. On that cognizance was taken by the learned C.J.M.;