KAYUM MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole Appellant has been convicted under Section 302 of the Penal Code and sentenced to rigorous imprisonment for life for having committed the murder of Rajesh Kumar at Kabilashpur Bazar, PS. Thawe, District Gopalganj on 13.9.92 at 6.30 P.M.

(2.) The occurrence was reported to SI Tuntun Prasad Singh at the Sadar Hospital, Gopalganj at 8 PM by Sanjay Kumar, brother of the deceased. He stated in his fardbeyan that his brother, deceased Rajesh Kumar, had gone to village Amaithi Khurd to play loudspeaker on the eve of Mahabiri Jhanda Mela. The informant had gone along with him. The procession reached Kabilashpur Bazar at about 6.30 PM. The loudspeaker was being played by Rajesh Kumar on a tractor trolly along with Band Music. Appellant Kayum Main accompanied by two persons, whose names the informant did not know, asked Rajesh Kumar to play the song of Hindi movie 'Beta' on the loudspeaker. Rajesh Kumar began to play the song. However the villagers said that only band party will be allowed to play the music because they have fixed cash prize to the best band player. Accordingly, Rajesh Kumar stopped playing the song on the loudspeakor. (sic) this, the Appellant gave threat, Rajesh Kumar however expressed his inability to play the song saying that the villagers were objecting. On hearing this the Appellant lost temper, took out the knife and gave two blows on his chest as a result of which he stumbled from the tractor. Thereafter the Appellant fled away. The infornant arranged a motorcycle and his injured brother was taken to Sadar Hospital at Gopalganj. He however died soon, after reaching the hospital. The informant stated that the occurrence was seen by his another brother Shailendra Kumar Sah, cousin Rajendra Sah, a distant nephew Mukesh as well as several villagers who had come to the village along with the procession.

(3.) On receipt of the fardbeyan at the police station, Manjhagarh (Thawe) PS Case No. 199/92 was registered against the Appellant and two others and investigation followed. After completing the formalities SI Tuntun Prasad Singh who had investigated the case submitted chargesheet. In course of time after cognizance and commitment the Appellant was put on trial.