DHORHA MOCHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the Judgment and order of conviction passed by Sri Shambhu-nath Sinha, Additional Sessions Judge, Munger, in Sessions Trial No. 571/84 with Sessions Trail No. 12/86 dated 16.5.1987. The appellant Dhorha Mochi was convicted under Section 302 of the Indian Penal Code and sentenced to undergo RI for life. Two other persons were also facing trial in the lower Court, namely, Nagar Mochi and Guleshwar Mochi, who were acquitted.

(2.) The case of the prosecution, as embodied in the First Information Report, was to the effect that on 23.5.1984 the informant Gano Mochi and his brother Ganesh Mochi (deceased) were searching for their hen and in course of this search they entered house of Dhorha, abused the informant and his family and demanded of them as to why they had entered inside the house. When the informant and his brother Ganesh Mochi protested, accused Nagar Mochi ordered for murderous assault. Then Dhorha Mochi was armed with bhala and Guleshwar Mochi armed with lathi rushed to assault the deceased and his brother. The informant and his brother both, fled away, but Ganesh Mochi fell down near the Bamboo clump. Subsequently Dhorha Mochi hit Ganesh on his chest to which he succumbed. Dhorha Mochi also hurled bhala blow upon the informant, but the latter sustained injuries upon his left palm when he warded off the blow. Thereafter Guleshwar Mochi dealt 2-3 lathi blows upon the informant. This occurrence was witnessed by Mahesh Mochi, Chhote Singh, Babban Singh, Dhanik Singh, Machhard Singh and others.

(3.) The appellant-accused had denied the occurrence and he alleged false implication on account of family dispute. It was also suggested to the PWs that both Ganesh Mochi and the informant were cutting Bamboo stealthily with khurpi and at the approaching sound (Aahat) they became apprehensive and so they fled for safety and in course of this fight, Ganesh Mochi fell down and sustained injury on his chest with khurpi and he died on account of this injury.