SURENDRA KURMI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted for the offence under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life vide judgment and order dated 4.7.1994 passed by the Sessions Judge, Gopalganj in S.T. No. 107/92.

(2.) Informant Bandhu Manjhi, Chaukidar, gave his fardbeyan on 30.3.1991 at about 9 p.m. that while he was returning after doing his duty at matriculation examination and when he reached near the house of deceased Jamshed Mian, he heard some alarm. He went there and found Jamshed Mian lying in injured condition. He saw that appellant was running away with a blood stained dagger in his hand. He raised alarm and chased but the appellant succeeded in running away after throwing the blood stained dagger. He returned and picked up the said dagger and went near Jamshed Mian who informed him that there was some altercation between him and the appellant and the appellant stabbed him in his abdomen. With the help of other persons, he took Jamshed Mian to Manjhagarh Hospital and from thereto Gopalganj Hospital for treatment but he died in the hospital at Gopalganj.

(3.) On the aforesaid fardbeyan formal first information report was drawn, investigation was taken up and on completion of investigation charge- sheet was submitted against the appellant. The Court took cognizance and committed the case to the Court of Sessions for trial. The trial Court convicted the appellant as indicated above.