JHAMAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary appellant Jhaman Yadav was tried along with three others for a charge under Section 302/34 of the Penal Code by the learned Additional Sessions Judge, 2nd Court, Bhojpur at Ara in Sessions Trial No. 35 of 1992. While the other three accused persons were acquitted of the above charge, the appellant was held guilty of committing an offence under Section 302 of the Penal Code by the impugned judgement and was directed to suffer rigorous imprisonment for life by the order of sentence passed on 24.4.2002. The appellant has questioned the propriety of the finding and sentence through the present appeal.

(2.) The necessary facts of the case may be noticed.

(3.) P.W.5 Kanhaiya Singh gave his fardbeyan at village Chandi in the fields stating therein that he was irrigating his wheat field by a pump set which was fitted with the tubewell. His father was sitting near the machine. In the meantime, P.W.3 Sheo Kumar Singh and the sister of P.W.5, namely, Bindu Devi(not examined) arrived there with breakfast for the father and son. In the meantime, four accused persons named in the FIR came near the deceased, Dhiraj Singh who was sitting near the machine. Accused Sheo Nandan Yadav wanted to know whether his field could also be irrigated, upon which the deceased stated that it could be only when his field had been irrigated.