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SAMARENDRA PRATAP SINGH, ADITYA KUMAR TRIVEDI
Nathufal, son of Late Halim – Appellant
Versus
State Of Bihar – Respondent
ADITYA KUMAR TRIVEDI, J.
Sole appellant, Nathufal, who has been found guilty for an offence punishable under Section 302 of the I.P.C. and sentenced to undergo life imprisonment vide judgment of conviction dated 23.12.2010 and order of sentence dated 24.12.2010 by the Additional Sessions Judge, Fast Track Court-6, Purnea in Sessions Trial No. 1017 of 2007/105 of 2009 challenged the same under present appeal.
2. Perwez Alam (PW-5) aged about 12 years, who happens to be son of the appellant had recorded his fard-beyan on 19.08.2007 at about 7.50 a.m. at his house alleging inter alia that in the preceding night he slept with his younger brother Maskur Alam. PW-6 aged about 7 years in his room having east front, his father, mother along with younger sister slept in western room. At about 3.00 a.m., he awoke hearing cry of his mother coming from western room whereupon he rushed and then, saw his father Nuthfal, who was armed with Dabiya and was assaulting his mother. His mother was lying on the ground. His father had struck on neck, hand by Dabiya and caused her death. Soon thereof, he also inflicted injury on his own head by Dabiya and fell down. Blood was oozing out. He began
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