LATAN RAJBANSI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant1. Latan Rajbansi was charged, tried and convicted by 1st Additional Sessions Judge, Nawadah in Sessions Trial No. 24/86 of 868/86. The judgment was pronounced on 6th December, 1986.The appellant has been sentenced to life imprisonment.

(2.) The appellant was charged for the murder of Mahabir Rajbansi on 9th November, 1983 at 7 a.m. at village Basant Nagar, PS. Akbarpur, District Nawadah. He was charged under Sections 302/34, IPC.

(3.) In the morning of 9th November, 1983, at 7 a.m. Mahabir Rajbansi along with his son Dwarika Rajbansi and brother Chamari Rajbansi was irrigating his field situated towards South of his village by channelising water towards a particular direction, which, according to the prosecution, caused annoyance to the appellant and others. The story is that the appellant armed with lathi came along with Surajan Rajbansi, Chandrika Rajbansi and Saudagar Rajbansi, who were also armed. The appellant objected for channelising of water. This lead to an altercation between Mahabir Rajbansi and Latan Rajbansi and three others who had come along with him. The altercation was followed by assaulted on Mahabir Rajbansi. Appellant assaulted Mahabir Rajbansi by means of lathi, Chandrika Rajbansi (absconder) struck him on his head by means of yoke, Saudagar Rajbansi and Surajan Rajbansi (since absconding) also assaulted Mahabir Rajbansi by means of lathi and salf. Mahabir Rajbansi was removed to Akbarpur State Dispensary where after a couple of hours he breathed his last. The fardbeyan of the occurrence was recorded by S.I. Triveni Rai in Akbarpur State Dispensary.