LAL BABU JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant Lal Babu Jha was convicted under Section 304 Part, 2 I.PC. as also under Section 323 and was sentenced to undergo rigorous imprisonment for seven years under Section 304 Part 2, I.P.C. and was further sentenced to undergo rigorous imprisonment for one year under Section 323 I.P.C. Both the sentences were directed to run concurrently.

(2.) THE case of the prosecution, as disclosed by the fardbeyan of the informant, was that on 27.6.1981 at 6 P.M., the deceased accused Subodh Jha and the appallant Lal Babu Jha both came to her house and asked her husband and herself as to why they were not going to work in the land of the accused. Thereafter they started domolishing the wall of her house. When there was protest from the informant and her husband, the deceased accused Subodh Jha hit the informant 's husband Sakhichand Das with the pas of spade (kudali). Subsequently, the appellant Lal Babu Jha hit the deceased Sakhichand Das with bhala. Thereafter the informant was also assaulted with lathi by the accused appellant Lal Babu Jha. Subodh Jha took away Rs. 125/ - from the pocket of the deceased. The informant and her husband had refused to work for the accused persons because they were not being paid proper wages. The deceased was carried to the hospital where he succumbed to his injuries after eleven days.

(3.) LEARNED Sessions Judge after holding the trial, and on the basis of seven witnesses held the accused appellant guilty and convicted and sentenced him, as stated above.