CLEMENT BARLA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence passed by Sri N. Lakra, Additional Sessions Judge, Simdega, in Sessions Trial No. 129 of 1989. The appellant was convicted under Section 302 of the Indian Penal Code and was sentenced to undergo RI for life.

(2.) The prosecution case, as revealed by the statements of the informant recorded in the FIR itself, was to the effect that on 21.8.1987, the informant heard the cry "bachao-bachao" of his brother, Santosh Barla (since dead), emanating from the direction of the house of Manual Barla at 8 p.m. Thereafter, he rushed to the house of Manual Barla, where he found that the accused was assaulting his brother (since dead) with tangi and his brother was lying on the ground. The informant's father, Joseph Barla, also came to the place of occurrence on hearing the alarm of the deceased. Sighting the informant, Clement Barla, the accused fled away. The victim died after some time of assault and this occurrence was seen by several persons, who come to the PO on hearing the alarm. The cause of the occurrence, as given in the First Information Report, was the land dispute between the accused and the informant. On the basis of the aforesaid statement of the informant, a formal FIR was drawn up and thereafter, the investigation followed and on submission of the charge-sheet, the accused-appellant faced trial and was convicted and sentenced as stated above.

(3.) The accused-appellant denied the charge and alleged false implication.