LALDEO BHUIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary appellant Laldeo Bhuian stands convicted under Section 302 of the Indian Penal Code for committing the murder of Sahendra Bhuian alias Satyendra Bhuian on 28.3.1999 at village Parsachua within Roshanaganj Police Station in the District of Gaya. The appellant was tried by the learned Additional Sessions Judge, 8th Court, Gaya in Sessions Trial No.8 of 2000/139 of 2000 arising out of Roshanganj Police Station Case No.15 of 1999 (G.R. No.176 of 1999) and by the judgment of conviction dated 10.12.2002 the above order of conviction was recorded by the learned Judge. The sentence of rigorous imprisonment for life was inflicted by the learned Trial Judge on 12.12.2002 after hearing the appellant on sentence. The appellant questions the propriety of the findings through the present appeal.

(2.) The prosecution case is contained in Ext.1, the F.I.R. of the case, lodged by Mahendra Bhuian (P.W. 9), the full brother of the deceased. It was stated by the informant in Ext. 1 that he had just left his house with Rahar (Arhar) for Roshan Bazar so as to bartering it to meet his daily expenses and he had traveled a few steps away from his house when he heard a hulla that his brother had been hacked to death by a tangi by being assaulted on the back of his neck by the appellant. He also heard that the appellant was running away from the scene of occurrence.

(3.) P.W. 9, the informant, also rushed to the scene of occurrence which was just by the side of the house of one Laldeo Bhuian (P.W. 2) and found that his villagers Amresh Bhuian (P.W.7) and Krisna Bhuian (not examined) were running after the appellant and had caught him also. The informant went near his brother and found that he had been attacked on his neck as also on his right temple by a tangi. The informant stated that while his brother was being carried to the hospital by P.W. 8 Chandradeo Bhuian, Amresh Bhuian, P.W.7 and Rameshwar Bhuian (not examined), he started to the Police Station for lodging a report, but his brother died on way to the hospital.