BIRAJ BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 26.9.1987 convicting and sentencing all the three appellants to undergo rigorous imprisonment for life under Section 302/34, Indian Penal Code.

(2.) THE case of prosecution in short is that on 11.8.1985 at about 7 a.m. deceased Sattan Bind taking a plough and pair of he-buffaloes, was going from his house to plough his field, through a village school when all the three appellants, armed with lathis came out running from their flour mill and assaulted Sattan Bind with lathis who fell down but the appellants even thereafter continued their assault on him. When informant Binita Devi (PW-6), wife of deceased seeing the occurrence, raised hulla and tried to rescue her husband appellant Jagdambi Bind removed her by pushing her and on her hulla her father-in-law Hajrangi Bind (PW-7), Baudhi Bind (PW-5), Mahavir Harijan (not examined), Manikant Jha (PW-3) and many other villagers came there running and they also saw the occurrence. THE appellants fled away. After some time husband of informant died. About the motive of occurrence case of prosecution is that there was dispute between the appellants and deceased over a piece of land situate beside the house of deceased. THE Fardbayan (Exhibit 4) of informant was recorded at her village on the date of occurrence at about 11 a.m. by Sub Inspector Satish Chandra Jha (PW-8). On the basis of Fardbayan (Exhibit 4) of informant, a case under Section 302/34, Indian Penal Code against all the three appellants was registered. THE police after investigation submitted charge-sheet under Section 302/34, Indian Penal Code against all the three appellants and after taking cognizance the case was committed to the Court of Session where charge under Section 302/34, Indian Penal Code was framed against the appellants who denied the charge and they were put on trial and after trial they were found guilty under Sections 302/34, Indian Penal Code and were convicted and sentenced to undergo rigorous imprisonment for life.

(3.) DR. H.I. Ansari (PW-1) has said that on 12.8.1985 he was posted as Associate Professor at Bhagalpur Medical College and Hospital and on that day at about 2.30 p.m., He held post mortem examination on the dead body of deceased and found the following ante mortem injuries on the dead body: (i) One bruise on forehead 3" x 1", (ii) One bruise on right temporal region 2-1/4" x 1", (iii) One bruise on outer angle of right eye 2-1/2" x 1" (iv) One bruise on upper part of chest 2-1/2" x 3/4" (v) One bruise on left side of face 1-1/2" x 3/4" and (vi) Multiple small bruises of different shapes and sizes on upper arm, abdomen arid back. He has further said that on dissection of bruises, the deeper tissues were found infiltrated with blood and on opening of skull it was found contused in the frontal and temporal region and there was fracture of frontal bone and there was extra-dural and sub-dural haemorrhage and cslot and on opening of chest, blood clot was present on the sternum ribs and inter costal spaces in the upper portion. According to him the injuries were caused by hard and blunt substance which may be lathi and cause of death was incranial haemorrhage and shock and time elapsed since death was about 30 to 48 hours and injuries No. (i) and (iv) were sufficient to cause death in ordinary, course of nature. He has proved his post mortem examination report which is marked Exhibit 1. From his evidence it is established that death of deceased was homicidal.