ADITYA KUMAR TRIVEDI

1. Challenge in this appeal is judgment dated 17.05.1990 passed by Sessions Judge, Aurangabad in Sessions Trial No. 32 of 1989 whereby and whereunder sole appellant Bijendra Nonia has been convicted for an offence punishable under Section 302, 201 of the IPC and directed to undergo imprisonment for life under Section 302 of the Indian Penal Code as well as imprisonment for a period of 5 years under Section 201 of the Indian Penal Code with a direction to run the sentences concurrently.

2. Prosecution case in short as per fardbeyan (Exhibit-3) of Bigu Nonia (PW-2) recorded on 01-11-1988 at Madupur Harijan Tola at about 12:00 noon disclosing therein that he had married his daughter Dulariya Devi (deceased) about 15-16 years ago in her childhood with Bijendra Nonia son of Balkeshwar Nonia of Baddikhurd, P.S.-Barun. Since then his daughter was on visiting term. She had begotten two children. His son-in-law Bijendra Nonia was employed at Khudiya Koliyari. About a month ago, on previous Monday at about 12 noon Bijendra Nonia came to him at Basta Kola Koliyari and divulged that his daughter has met with an accident and is admitted at Dehri Hospital. On