AJO PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant has been convicted for the offence under Section 302. of the Indian Penal Code and sentenced to undergo imprisonment for life. He has further been convicted for the offence under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years vide judgment and order dated 19.1.1994 passed by 3rd Addl. Sessions Judge, Begusarai in S.T. No. 152/ 7 of 1992.

(2.) ONE Raj Kumar Paswan, the informant, gave his fardbeyan on 16.10.1991 at about 5 A.M. before the Sub -Inspector of Police on the roof of the Dalan of one Sheo Chandra Singh that he was sleeping in the night on the roof of Dalan of Sheo Chandra Singh. His brother Laleshwar Paswan was also sleeping there. Some people of the village were also sleeping there. At about 3 A.M. he woke up on the sound of groaning. He flashed his torch and found his brother in pool of blood. He also saw Ajo Paswan with Garasa coming down from the roof. He raised alarm and also came down from the roof to catch hold of Ajo Paswan. Ajo Paswan went near his house and gave garasa blow to his brother Kamli Paswan who was sleeping there. Some people of the village followed him but he succeeded in running away towards east. He returned to the roof of Sheo Chandra Singh and found his brother Laleshwar Paswan dead. He saw injuries near the cheek, head and ear of his brother. He went near his injured brother Kamli Paswan and found bleeding injury on the cheek, head and ear. His father and people of the village took the injured to Begusarai for treatment. The motive of the occurrence was that about a month ago Ajo Paswan had assaulted his son Sanjay Paswan with fist and slaps and had also abused his mother. He and his brother had protested and had also scolded him. The father of Ajo Paswan had asked him to keep quiet at the time and to take revenge by killing some of them. On the roof of the house villagers Ram Lagan Paswan and Naresh Paswan were also sleeping. Udho Paswan was sleeping near his house. They had seen the occurrence.

(3.) ON the aforesaid fardbeyan formal First Information Report was drawn, investigation was taken up and on completion of investigation charge -sheet was submitted. On receipt of charge -sheet cognizance was taken and the case was committed to the court of sessions for trial. The trial court convicted the appellant as indicated above.