YUGAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) YUGAL Yadav the sole Appellant in this case before as is aggrieved by the judgment and order dated 10.6.87 passed by 10th Additional Sessions Judge, Munger, in Sessions Case No. 301 of 1986/56 of 1986 convicting and sentencing him to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code (in short. IPC).

(2.) THE case of prosecution, in short, as stated in the Fardbeyan (Ext. 3) is that informant Gajan Manjhi (P.W. 2) on 23.8.82 in the night along with his family members was sleeping in his house. His wife and daughter -in -law were inside the house and his son Yogi Manjhi was sleeping in the verandah of courtyard of the house. At about 12 O ' Clock in the night the informant awoke on hearing sound of cries and he found that his son Yogi Manjhi was crying in injured condition and someone was assaulting him by Farsa '. He identified him who was Appellant carrying 'Farsa ' and Yogi Manjhi told informant that Appellant had given a 'Farsa ' blow on his neck causing injury. In presence of informant, Appellant again gave two 'Farsa ' blows to Yogi Manjhi causing cut injuries on his head and left hand. Yogi Manjhi in injured condition and informant both caught hold of Appellant and snatched his 'Farsa ' but in the meantime Appellant managed to get himself free and succeeded in fleeing away. On 'hulla ' of informant, his wife Sudamiya Devi (P.W. 3). his daughter -in - law Dharhi Devi (P.W. 5), his another son Nago alias Nageshwar Manjhi (P.W. 6), Mehandi Manjhi (not examined) and neighbours namely, Prasadi Manjhi, Munshi Manjhi and Jhethari Manjhi (all not examined) came there and they also saw the Appellant running away and they chased the Appellant but they could not succeed to apprehend him. The informant with the help of his neighbours brought his injured son Yogi Manjhi to Giddaur where after seeing the condition of injured the doctor and police advised the informant to take his son to Jamui Hospital. The informant in the night itself brought his injured son to Jamui Hospital where after some treatment his son Yogi Manjhi died after some time. About the genesis of occurrence the informant in his fardbeyon has stated that his pig had entered the field of Appellant on which exchange of hot words had taken place between the Appellant and his deceased son Yogi Manjhi and since then Appellant was annoyed with the deceased. The Fardbeyan of informant was recorded on 24.3.82 at 10 AM in Jamui Hospital by SI Shri Shiv Das (not examined). On the basis of fardbeyan of informant a case under Section 302 IPC was registered against the Appellant by drawing a formal FIR (Ext. 2) and police after investigation submitted chargesheet against the Appellant under Section 302 IPC. The Appellant was put on trial and he was found guilty and was convicted and sentenced to undergo rigorous imprisonment for life under Section 302 IPC.

(3.) ALTOGETHER 9 witnesses have been examined on behalf of prosecution. Bhola Singh (P.W. 1) is a formal witness who has proved post mortem examination report (Ext. 1) showing cut wounds on the root of neck, skull and hand of deceased and wound of neck as the cause of death, in the pen and signature of Dr. Ram Swaroop Singh who, according to him, is dead now. He has also proved formal FIR (Ext. 2), in the pen and signature of Mangal Kishore Prasad, then the Investigating Officer of Laxmipur Police Station. Gajan Singh (P.W. 2) is the informant. Sudamiya Devi (P.W. 3) is wife of informant and mother of deceased. Matukdhari Tewari (P.W. 4) is a witnesses of inquest report and has said that in his presence police prepared inquest report of the dead body of deceased at Jamui Hospital and he put his signature on the inquest report and another witness Lato Manjhi (P.W. 7) put his LTI on this report. He has proved carbon copy of inquest report (Ext. 4). He has further said that police seized the 'Farsa ' and prepared a seizure list on which he put his signature. He has proved this seizure list also (Ext. 5). Dharhi Devi (P.W. 5) is wife of deceased. Nageshwar Manjhi (P.W. 6) is another son of informant. Lato Manjhi (P.W. 7) is another witness of inquest report. He has said that inquest report of the dead body of deceased was prepared in Jamui Hospital and he had seen cut injuries on the neck and head of dead body of deceased. Radhiya Devi (P.W. 8) is a tendered witness. Basant Singh (P.W. 9) is I.O. of the case.