CHANDRIKA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment and order dated 18.4.1988 passed by the Sessions Judge, Begusarai in S.T. No. 172/82 whereby the appellants have been convicted for the offence under Sections 302/149, IPC and have been sentenced to undergo imprisonment for life.

(2.) The prosecution case is that informant Radha Kumar gave fardbeyan on 25.4.1981 at 4 p.m. that he and his brother Manohar Kumar, the deceased, were at their residence. Chandrika Kumar, one of the appellants, came and started abusing Manohar Kumar, his brother. His brother Manohar protested on which he threatened to kill. Soon thereafter Chandrika Kumar with bhala, Uma Kumar with country-made pistol, Dinesh Kumar with Samath (pestle), Bindeshwari with 'Khanti' and the rest four with lathis came and attacked Manohar Kumar. His brother Manohar Kumar tried to save himself and proceeded towards east. When he proceeded about 20 to 25 cubits, appellant Dinesh Kumar gave a 'Samath' blow due to which he fell down. Thereafter, Chandrika Kumar gave bhala blow, Bindeshwari Kumar gave Khanti blow and rest of the accused-persons assaulted with lathi. Accused Uma was threatening that if they moved, they would be killed. His brother was raising India on which Ramshrestha Kumar, Beyas Kumar, Jhagru Kumar and Balo Kumar came and saw the occurrence. The accused-persons ran away towards west. They took him to the railway hospital but on way, he died. The motive of the occurrence was that the deceased Manohar Kumar had taken Rs. 1,500/- from Chandrika Kumar. He was demanding money but the deceased refused to return the amount saying that first withdraw the case lodged by him and then the aforesaid amount shall be returned.

(3.) On the aforesaid fardeyan, a formal First Information Report was drawn. Investigation was taken up. On completion of investigation, charge-sheet was submitted against 8 persons. The Court took cognizance and committed the case to the Court of Sessions for trial.