SATYANARAINBHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants have been convicted under Section 302 of the Indian Penal Code for compacting murder of Sheo Pujan Bhagat and have been sentenced to imprisonment for life.

(2.) The Prosecution case, as set out in the first information report, Ext. 2, is that on 18-3-1975 the informant Janki Bhagat, P. W. 9 learnt that the appellants alongwith other accused 15.20 unknown persons, armed with various weapons were harvesting Rahar Crop from bis field, bearing plot No 1331 of village Nautan. The informant, alongwith Brij Bihari Prasad, P W. 1 Rama Pandey, P. W. 3 Raghunath Rai P. W. 5, Parsuram Pandey P.W. 6 and some other villagers went there and protested whereupon appellant Satya Narain Bhagat, who was armed with a Bhala and Jai Prakaih Bhagat with a Farsa, chased them, alongwith other accused through the field of Sbeo Pujan Bhagat, since deceased. The deceased who was uprooting linseed plants from his field, situated adjacent north of the informant's field, alongwith his brother Shoejee Bhagat, P. W. 2 protested and told them not to trample his crop upon which appellant Satya Narayan Bhagat gave two Bhala blows to the deceased causing incised wound on the left side of bis chest and on his left arm. The deceased fell down in the field, then appellant Jai Prakash Bhagat, gave him a Farsa blow causing one incised wound on the right side of his face near the ear. On alarm, raised by the informant the appellants fied away, alongwith their associates and accused persons. Sheo Pujan Bhagat was brought near 'Seesam' tree, situated near the place of occurrence and from there he was removed to Nautan Health Centre for treatment where he was declared dead. Mahal Chaukidar, Ran Mangal Chaudhary, P. W. 7 and Dafadar Quitubuddin were called and they brought the dead body of the deceased to Mairwa P. S. The informant Janki Bhagat, P. W. 9 lodged first information report, Ext. 2 at the police station which was recorded by the Sub-Inspector, Damodar Prasad Singh, P. W. 12 at 7.15 P. M. and he took up investigation of the case.

(3.) After the charge-sheet and cognizance, the case was committed to the Court of Session for trial.