PRASADI RISHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is on behalf of sole appellant who has been' convicted under Section 302 of the Indian Penal Code and sentenced to under go rigorous imprisonment for life.

(2.) The prosecution case as stated in the fardbeyan of Jagdish Risi PW 5 is that, he alongwith his brother Jhallu Risi had gone to work as labourers. After completing their work they came to Kali Asthan to distribute the wages to the other labourers who had accompanied them. While Jhallu Risi was looking into accounts, Prasadi Risi alongwith Haribol Risi came to Jhallu Risi demanded their share of payment and wages. Prasadi Rasi threatened him and. thereafter, gave him a hasua blow on the neck. The cut extended from his neck to his chest. The informant tried to intervene upon which Haribol Risi caught hold of him and Prasadi Risi gave him a hasua blow on his stomach. It is said that the occurrence was witnessed by Biltu Ram and Mahendra Pd. Yadav. The two injured persons were taken by the other labourers to the hospital. Before Jhullu Risi could reach the hospital he died.

(3.) In order to support the prosecution case, eight witnesses have been examined in this case. PW 7 is the formal witness who has proved (Ext.3) and (Ext.4), PW 6 is the doctor whereas PW 8 is the Investigating Officer in this case. P.Ws, 1, 2, 3 and 5 are the eye-witnesses to the occurrence.