NARAYAN THAKUR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Raj Narayan Thakur is aggrieved by the judgment of conviction and order of sentence dated 06.09.1989 passed by the learned 1st Additional Sessions Judge, Gopalganj in Sessions Trial No.505 of 1984/ 42 of 1986 relating to Kuchaikote P.S. Case No.81 (8) 81- G.R. No.784/81 whereby the appellant was held guilty under Sec. 302/34 of the I.P.C. and was sentenced to undergo rigorous imprisonment for life. Another accused Harkesh Thakur, who was put on trial alongwith this appellant was acquitted because no overt act was alleged against him.

(2.) The fardbeyan (Exhibit-1) of Kusum Devi (P.W.7) was recorded by S.I., Jay Prakash Shrivastava (P.W.9) in village Kararnpura at about 1.30 A.M. on 17.08.1981 wherein she has stated that on 16.08.1981 at about 8.30 P.M., she had gone to her Bathan, which was situated at 25 yards east of her house. While she was returning after feeding her father-in-law, she saw a dog coming out of her house carrying away bread. She made a complaint to her husband Dharam Raj Pandey that the dog belonged to Janardan Thakur. Her husband went and asked Janardan Thakur to keep his dog in chain. An altercation took place on this complaint in which the informant's husband was at one side and accused Harkesh Thakur (since acquitted), Raj Narain Thakur (appellant) and Janardan Thakur (died during investigation) on the other side and they started scuffling with the informant's husband. Suddenly, Janardan Thakur took out a dagger from his waist and pierced it in the back of the informant's husband and as a result of which the informant's husband fell down and subsequently, he died. The occurrence was witnessed by Babu Nand Dubey (P.W.1), Ganesh Pandey (P.W.5), Gauri Shankar Pandey (P.W.8), Jaleshwar Pandey (P.W.4), Sabhajeet Pandey (P.W.3) and others. The fardbeyan of the informant resulted into registration of Kuchaikot P.S. Case No.81 (8)/1981 which was investigated into and after investigation charge-sheet was submitted. This appellant and Harkesh Thakur were charged under Sections 302/34 of the I.P.C. for intentionally causing death of Dharamraj Pandey on 16th Aug., 1981 at village Karanpura, P.S.-Kuchaikot, District- Gopalganj. Both the accused persons pleaded their innocence and so the trial proceeded.

(3.) The defence of the appellant was of false implication on account of enmity which was going on since long.