HARENDRA TANTU BAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) WE have heard learned Counsel for the parties.

(2.) THE appellants have been convicted under Sec. 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(3.) THE prosecution case, as disclosed in the fardbeyan of P.W. 3 Khandu Tantu Bai, is that on 1.8.1988 at about Sec. 10 p.m. while she was in her house, she heard cry of his deceased son Rasu Tantubai "Bachao Bachao" and on this, she accompanied by her husband Purno Tantubai and another son namely, Haru Tantubai went outside the house in search of her son and when she had gone to a distance, she found her son deceased Rasu Tantubai fleeing away and he was being chased by the appellants and other accused -persons and when he had gone up to 25 yards, he fell down on the village road and on that Chuna Ram Mahuli, Chowkidar cried "Maro Sale Ko" and there she saw Harendra Tantu Bai with iron rod (Khanti) and other accused -persons armed with lathi. Harendra Tantubai started assaulting her son with the iron rod (Khanti) Asa result of which her son fell and become unconscious and thereafter accused -persons assaulted her son with lathi as a result of which her son died on the spot. She raised Hulla and on her Hulla villagers, namely, Chhatu Sardar, Bipin Manjhi and others came there and witnessed the occurrence. On the next day in the morning, she went to the police station where her fardbeyan was recorded by the police. On the basis of the fardbeyan, the First Information Report, Ext. 3. was drawn up against the appellants and two other accused -persons, namely, Murlidhar Tantu Bai and the village Chowkidar Chuna Ram Mahuli.