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I. A. ANSARI, SAMARENDRA PRATAP SINGH
Manoj Kumar Bharti – Appellant
Versus
State of Bihar – Respondent
I.A. ANSARI, J.
Under the judgment, dated 03.09.1993, passed, in Sessions Trial No. 13 of 1993, by learned 2nd Additional Sessions Judge, Bhagalpur, the appellant, Manoj Kumar Bharti, stands convicted under Section 302 of the Indian Penal Code. Following his conviction, the accused-appellant has been sentenced to suffer life imprisonment.
2. The case of the prosecution may, in brief, be described as follows:
(i) On 20.08.1998, at about 10.00 AM, when Pankaj Kumar Singh, younger brother of Nitya Nand Singh (PW 9), was having his meals, their mother, Chameli Devi (PW 4), went to fetch water from the Government handpipe, situated in front of the house of accused Mahendra Bharti, where accused Mahendra Bharti was taking his bath. Accused Mahendra Bharti told Chameli Devi (PW 4) that she should take water, when he finished his bath; but Chameli Devi insisted on fetching water. Enraged by the insistence of Chameli Devi that she would take water and the interruption caused by her in accused Mahendra Bharti taking his bath, accused Mahendra Bharti started abusing Chameli Devi and also assaulted her. This apart, accused Mahendra Bharti exhorted the members of his family to bring lathi,
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