USMAN MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE nine appellants before us were tried by the learned Additional Sessions Judge, Sitamarhi by framing charges under Sections 302/34 and 380. of the Penal Code in Sessions Trial No. 1 of 1983. The learned 3rd Additional Sessions Judge, Sitamarhi held the appellants guilty of committing both the offences and after hearing them on sentence on the same day, directed the appellants to suffer rigorous imprisonment for life under Section 302/34 of the Penal Code. The learned trial Judge did not pass any sentence against any of the appellants for their conviction under Section 380 of the IPC. The above judgment of conviction is being assailed be ¢ fore us through the present appeal.

(2.) P .W. 9 Usha Thakurain, the informant of the case is the wife of the deceased, Bilat Thakur. She alleged that she and the deceased were sleeping in their Dera situated at Village Madanmadhopur on the eastern embankment of river Lakhandei where the deceased had 18 bighas of land and where the couple were living for last two years. The informant had three sons out of whom; one Shyam Nandan Thakur (P.W. 8) had also stayed over there and was with his parents during that night. The informant and others had taken their meals and had retired to their beds at about 10.15 P.M. The lady stated that she felt an urge of attending to the call of nature and she went out of her house and again came back and slept in the southern room of the Dera. The deceased Bilat Thakur was sleeping in the room situated in the middle of the house.

(3.) THE informant stated that her son (P.W. 8) who was sleeping on a Machan, also got up and ran towards north and the accused persons chased him to assault. The accused persons left the place of occurrence after half an hour where -after the informant and her son (P.W. 8) Shyam Nandan Thakur came near the deceased and found the dead body lying by its belly. Both the mother and the son started crying, as a result of which, Ramchandra Jha (P.W. 5), Jabbar Mian (P.W. 10), Sitaram Jha (not examined) came. The informant reiterated the entire occurrence to all of them.