RABINDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted for the offence under section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life.

(2.) On 2.4.1980 one Dularoo Singh gave his fardbeyan in the Sheikhpura hospital at about 9 p.m. that at about 3.30 p.m. he was thrashing gram crops in his khalihan. About ten maunds gram was in the khalihan. One Kameshwar Singh came and asked to leave the place otherwise he would be assaulted. He protested. Thereafter nine persons including appellant came and on the order of Kameshwar Singh, Sita Ram Singh gave lathi blow and the appellant Rabindra Singh gave bhala blow causing injury on his person due to which he fell down on the ground. The accused persons also looted ten maunds gram. The accused persons thereafter ran away. The people of the village came and took him to Sheikhpura hospital for treatment. The reason of the occurrence was previous inimity.

(3.) On the aforesaid fardbeyan formal First Information Report for the offence under Sections 379 and 307 of the Indian Penal Code was drawn and the investigation was taken up. On 9.4.1980 the informant died. Thereafter, Section 302 of the Indian Penal Code was added. On completion of investigation chargesheet was submitted against ten persons including the appellant. The Court on receipt of chargesheet took cognizance and committed the case to the Court of Sessions for trial. The trial Court acquitted nine accused persons and convicted the appellant for the offence under Section 302 of the Indian Penal Code.