NAGESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Nageshwar Prasad Singh, who has been found guilty for an offence punishable under section 302 of the Indian Penal Code and been directed to undergo R.I. for life by the 4 th Addl. District and Sessions Judge, Patna vide his judgment dated 20 th November, 1989 in connection with S.Tr.No. 781/1987, has preferred the instant appeal.

(2.) P.W.1 Mahendra Pratap Singh gave his Fard Beyan (Ext.2) on 18.4.1987 at about 4.30 P.M. before the A.S.I. of Gaurichak P.S. near the clinic of Dr. Deepak Ghosh at Sampatchak Bazar disclosing therein that on the same day at about 2 P.M. while his cousin brother, deceased Ram Singhasan Singh, was sleeping over Chowki in a Mango orchard south to his village, Nageshwar Prasad Singh took advantageous decision and repeatedly given three garasa blow over his head. On hearing the sound "Bachao Bachao" by Ram Singhasan Singh he alongwith Ram Babu Singh (P.W.2), Suresh Singh (not examined), Ramadhar Singh (not examined) and others went there, whereupon they have seen Nageshwar Prasad Singh running away towards the southern eastern direction having blood stained Garasi in his hand. It has further been disclosed that just few days prior to the occurrence there was dispute amongst both the brothers over their joint family property.

(3.) On the basis of the aforesaid Fard Beyan Phulwari (Gaurichak) P.S.Case No. 121/1987 was registered under section 302 of the Indian Penal Code against the sole accused Nageshwar Prasad Singh and accordingly, investigation commenced and concluded by submission of the charge sheet, whereupon cognizance was taken and the case was committed to the court of sessions, whereafter the trial concluded in the manner as indicated above.