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2016 Supreme(Pat) 1039

ANJANA PRAKASH, RAJENDRA KUMAR MISHRA
Dinesh Prasad Mandal S/o Late Khokha Prasad Mandal – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Md. Khurshid Alam, Advocate, Md. Naseem Mukhtar, Advocate
For the Respondent: Mr. A.K. Sinha, APP

JUDGMENT :

ANJANA PRAKASH, J.

Sole Appellant has been convicted and sentenced to R.I. for life and fine of Rs.5000/- under Section 302 I.P.C., in default of which rigorous imprisonment for another six months by judgment dated 27.1.2010/28.1.2010 passed by the Additional District & Sessions Judge IInd, Katihar in Sessions Trial No.139 of 2009/Trial No.121 of 2009.

2. The case of the prosecution, according to Informant Lalita Devi (P.W.8), is that the relationship between the Appellant and his wife was not good and they were constantly quarrelling, on account of which his wife used to stay in the maternal home. At one point in time the Appellant stated that his mother, the deceased, was the cause of the problems and he would finish her. On the night of occurrence the Appellant came and disclosed to her that he had killed his mother Sharda Devi i.e. the sister of the Informant, at which she went there and found the dead body of her sister with cut injury on the neck. The Appellant allegedly gave an extra judicial confession before the villagers and also in front of the police and disclosed that he had kept Dabiya in a nearby place which he also gave to the police

3. During trial the prose




















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