GANGA BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the four appellants were tried for committing murder of Jitendra Nut of Village -Magajpura, P.S. Chenari, District - Rohtas, and were ultimately convicted under Section 302/34 of the Indian Penal. Code and sentenced to imprisonment for life.

(2.) THAT case of the prosecution is that on 6.4.1995 at 7.30 p.m. the informant, Jain Nut, alongwith his son, Jitendra Nut, was harvesting the ripped wheat crops in the north -east of his village field. At that time the accused, appellant, Ganga Bind Ram Ratan Bind, Ramanand Bind and Vishwanath Bind, armed with guns and pistols came there, caught hold of Jitendra Nut and abused him that he possed himself as rangdar. They threatened to finish him whereupon the informant Satyendra Kumar Sharma Versus State Of Bihar requested to spare his life but of no effect. They fired indiscriminately at Jitendra Nut as a result of which he fell down and died. On hearing the sound of firing the informant&aposs brother, Kameshwar Nut, who was going to ease himself, rushed at the place of occurrence and saw the accused persons firing the shots. On the sound of firing the other villagers, Badan Bind, Sanjay Bind and Ram Suresh Nut also came and saw the fleeing accused persons. The motive behind the occurrence was that ten days before Jitendra Nut has objected accused appellant Ganga Bind from damaging his onion crops by his she buffalo for which he had threatened to kill him and, hence, the present occurrence.

(3.) THE defence of the appellants is plea of innocence and false implications. The specific defence of the appellant, Ram Ratan Bind is that he resides in Chenari Market for the last 25 years and not in the P.O. Village -Magajpura. The defence has examined two witnesses, Badan Bind, DW 1 and Sanjay Bind, DW 2.