KIRANDEO PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant, Kirandeo Prasad, has appealed the judgment of the learned Sessions Judge, Nalanda at Biharsharif whereby he was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment on 29 -8 -1987 in Sessions Case No. 40 of 1979.

(2.) ACCORDING to the prosecution, in the evening of 25 -3 -1978 at about 6 p.m. the informant. Kapildeo Sinha. PW6 along with his uncle Sukhu Mahton. Somar Mahton, PW 5 and father Ramji Prasad, PW 7 were sitting in the Dalan and were talking about the rent matter. In the mean time, the appellant, Kirandeo Prasad with gun the accused Akhilesh Prasad with Saif and rest four accused -persons, namely, Nandu Prasad. Mathura Prasad, Bhagwat Prasad and Umesh Prasad with lathi came there and started exchanging hot words with Sukhu Mahton. On protest the appellant. Kirandeo Prasad fired from his gun at Sukhu Mahton which hit in the right side of his chest and he fell down. The accused Akhilesh Prasad assaulted Sukhu Mahton with Saif on his head. The Accused Bhagwat Prasad assaulted the informant. Kapildeo Sinha, PW6 with Saif on his head and Umesh Prasad with lathi on his right hand. The accused Mathura Prasad also assaulted the informant on his right shoulder and the accused Akhilesh Prasad assaulted his uncle Somar Mahton from the lathi portion of the Saif which caused injury on his both hands. On hulla, the co -villagers Rajendrji Mahton. PW2 arrived there and he was also assaulted by the co -accused. Nandu. The injured Sukhu Mahton died of fire arm injury at the spot.

(3.) AT trial the prosecution examined seven witnesses and the defence examined none.