CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL)

Date : 15-12-2017

The appeal filed by the sole appellant challenges the correctness of the judgment of conviction dated 22^nd of August, 2014 passed by 1^st Additional Sessions Judge, Bhagalpur in Sessions Trial No. 288 of 2009/Tr. No. 55 of 2012 whereby he was held guilty for the offence under Section 302 of the I.P.C. and by order of sentence dated 29.08.2014, the appellant was directed to suffer rigorous imprisonment for life and to pay a fine with default clause.

2. The appellant was charged for having caused murder of his wife Sakuntala Devi by assaulting her with ‘Churra’ in the intervening night of 29/30-10-2008. The prosecution case in short is that on 30.10.2008 at about 3 AM the informant (PW6) received a call on his mobile that his sister was killed by her husband (appellant herein). After receiving this information, the informant along with his mother (PW2) and a close friend, namely, Sonu Kumar Singh (PW7) went to the village of the appellant on a motorcycle and reached there at about 3.45 AM. They saw the dead body of the deceased lying in one of the rooms of her matrimonial home. His brother- in-law, the appel