BISHO MISTRY Vs. STATE OF BIHAR

JUDGEMENT

(1.) BISHO Mistry, the sole appellant in this appeal before us has challenged the judgment and order dated 24.7.1997 passed by IIIrd Additional Sessions Judge, Purnia in Sessions Trial No. 227 of 1993/92 of 1997 convicting and sentencing him to undergo rigorous imprisonment for life under Section 302, Indian Penal Code.

(2.) THE prosecution case, as stated in the written statement of informant, Sugai Mistry (P.W. 6) is that on 29.11.1992 in the evening when he was working in his field, his niece Rita Kumari (P.W. 3) came running there and informed him that appellant had assaulted her grandfather Latkan Mistry (deceased) with sickle on his neck and he was floundering and blood, in sufficient quantity, was oozing out. On this information, informant came to his house and found that his father was smeared with blood and was floundering at the Darwaza of the house and he had sickle injuries on his neck. THE informant further stated that a fortnight ago, the appellant, who happens to be his son-in-law, wanted to cultivate the land which was being cultivated by informant and informant had expressed his inability to allow the appellant to cultivate the land which was being cultivated by him and for this reason, the appellant injured father of informant by inflicting cut injuries on his neck with sickle. On the basis of written statement of Informant, a case under Sections 324/326/307 Indian Penal Code was registered by drawing a First Informant Report against the appellant. When father of informant later on succumbed to injuries, Section 302, Indian Penal Code was added in the First Informant Report.

(3.) DR. Bipin Kumar Singh (P.W. 7), in his evidence, has said that on 4.12.1992, he held post-mortem examination on the dead-body of deceased and found the following ante-mortem injuries: