DILIP KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life vide judgment and order, dated 5.6.1987 passed by 2nd Additional Sessions Judge, Samastipur in Sessions Trial No. 21/11 of 1983/84.

(2.) One Arbind Kumar Singh gave his fardbeyan on 8.6.1981 at about 8 p.m. that Ram Sagar Singh had lodged a false case for the offence under Section 379/323 of the Indian Penal Code which was pending before Samastipur Court. On 8.6.1981 at about 12 noon son of Ram Sagar Singh, namely, Dilip Kumar Singh and Vijay Kumar Singh after taking toddy came at his house. They started abusing and were ready to assault his father. There was scuffle and assault by fists and slaps. Due to the aforesaid reason at about 5 p.m. Ram Sagar Singh with lathi Dilip Kumar Singh with bhala and Vijay Kumar Singh with farsa, Kameshwar Prasad Singh with bhala and Jai Prakash Singh with dagger came. They started abusing and searching Baleshwar. They were provoking his father to come out from his house with an intention to kill him. He was going to attend the call of nature. On hearing alarm he came to his house and saw Uma Kant Singh, Chandra Madhav Prasad Singh and others already present there. His father was trying to come out from the house but his mother was preventing him. Dilip Kumar Singh and Vijay Kumar Singh caught the hair of his mother and dragged her in front of the house. Dilip Kumar Singh gave bhala blow on the neck of his mother. Vijay Kumar Singh gave farsa blow. However, due to the intervention of the persons present there the accused persons left the place. His mother was in pool of blood. She was taken to Tajpur hospital. The Doctor gave first aid and advised to take her to Samastipur hospital. On way to Samastipur his mother died.

(3.) On the aforesaid fardbeyan a formal First Information Report was drawn, investigation was taken up and on conclusion of investigation chargesheet was submitted against five persons including appellant Dilip Kumar Singh. 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, however, acquitted rest of the accused persons from the charges levelled against them.