Rajeev Ranjan Prasad, J.

Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State as also perused the learned trial court records.

2. This appeal has been preferred for setting aside the judgment of conviction dated 18.03.2023 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 21.03.2023 (hereinafter referred to as the ‘impugned order’) passed by learned 21st Additional District and Sessions Judge, Motihari, East Champaran (hereinafter referred to as the ‘learned trial court’) in Session Trial No.727 of 2019 arising out of Mehsi P.S. Case No.260 of 2019.

3. By the impugned judgment, the appellant has been convicted for the offence under Section 302 of the Indian Penal Code (in short ‘IPC’). By the order of sentence, he has been ordered to undergo imprisonment for life with a fine of Rs.10,000/- under Section 302 IPC and in default of payment of fine, he shall further undergo rigorous imprisonment for one year.

4. The prosecution case is based on the written information of one Pooja Devi (PW-4) who is the daughter-in-law of the deceased and sister-in-law of the appellant. In her written information, addressed to the officer in-charge of Mehsi police station, she has alleged that on 02.09.2019 at about 8.30, her Bhaisur Pramod Bhagat (the appellant) was quarreling with her father-in-law Raghubansh Bhagat (the deceased). She has alleged that while the quarreling was going on, her Bhaisur Pramod Bhagat picked up a ‘Dab’ which was kept in the house and attacked on the leg and neck of her father-in-law as a result whereof her father-in-law got injured and fell down. He died later on. She has alleged that on her raising hulla, the local people assembled and on seeing them, the accused Pramod Bhagat fled away.

5. On the basis of the said written information, a formal FIR giving rise to Mehsi P.S. Case No.260 of 2019 dated 02.09.2019 was registered under Section 302 IPC by Awaneesh Kumar, SHO, Mehsi Police Station. The endorsement made by the SHO on the written information has been proved and marked as exhibit-1. After investigation, Police submitted charge-sheet bearing Charge-sheet No. 233 of 2019 dated 17.10.2019 against Pramod Bhagat under Section 302 IPC.

6. On the basis of this chargesheet, learned A.C.J.M.-VI, Motihari vide order dated 08.11.2019 took cognizance under Section 302 IPC against this appellant. Charges were read over and explained to the appellant in Hindi to which he pleaded not guilty and claimed to be tried. Accordingly, vide order dated 10.01.2020 charges were framed under Section 302 IPC.

7. In course of trial, the prosecution examined as many as six witnesses and exhibited several documents to prove it’s case. The list of the prosecution witnesses and the list of exhibits are being shown hereunder in tabular form:—

List of Prosecution witnesses

List of Exhibits on behalf of the Prosecution

8. Thereafter, the statement of the appellant was recorded under Section 313 of the Code of Criminal Procedure (in short ‘CrPC’). He took a plea that he was not present at the place of occurrence. He also took a plea that he was innocent and had falsely been implicated because of the Case No. 53 of 2016. The defence has not adduced any oral or documentary evidence to prove it’s case.

Findings of the Learned Trial Court

9. Learned trial court, after analysing the evidences on the record, found that the accused person by means of ‘Dab’ assaulted the father of the informant causing injury on his leg and neck as a result of which he died on the spot. Learned trial court found that PW-2 and PW-4 have wholly supported the prosecution ca