MHANTA DHAR Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 22.11.1993 passed by Ist Additional Sessions Judge, Ballia in Sessions Trial No. 157 of 1992, State Vs. Mahanta Bhar, arising out of crime no. 252 of 1992, under section 302 IPC, PS Sikandarpur, District Ballia convicting and awarding the appellant life imprisonment under Section 302 IPC.

(2.) Brief facts of the case are that the informant Bijuli Yadav lodged an FIR in respect of incident dated 23.4.1992 stating that his elder brother Interdeo Yadav has a daughter namely Chinta who had illicit relationship with accused Mahantha Bhar of the same village for the last some time. The informant and his family asked Chinta and the accused several times to stop this relationship and scolded both of them. This fact was known to all the villagers. On the date of incident informant and other family members were cutting sugarcane crop in the field and about 12.00 AM in the noon while they were returning home with Chandradeo Yadav, nephew Ramawadh, Hari Mohan Yadav and Jagdhari and they reached at 'Soti' locating towards north of their village, they saw Chinta and accused Mahantha Bhar in the sugarcane field of Punchdeo Mishra talking to each other. At this sight all of them reached inside the field and deceased Chandradeo caught hold of accused Mahantha Bhar who took out a knife and stabbed him with intention to kill on the chest and stomach of Chandradeo two or three times. Consequently, Chandradeo fell down on the spot. Attempt was made to apprehend and arrest the accused Mahantha Bhar, but he ran away towards north. Accused was chased for a distance but could not be apprehended and escaped. Soon after the incident, Chandradeo was being taken to Sikandarpur hospital in an injured condition but on the way he died.

(3.) The First Information Report was got scribed by one Ashok Rai, and the same was delivered by the informant and eye witness Bijuli Yadav at police station Bansdih on 23.4.1992 at 2 PM, on the basis of which Case Crime No. 252 of 1992 under Section 302 IPC was registered. The dead body was taken into possession by police and inquest report was prepared. Postmortem was conducted on the next day. The Investigating Officer investigated into the offence, prepared site map and recorded the statement of witnesses and submitted charge sheet against the accused for the offence under Section 302 IPC.