KARA MANJHI @ SURENDRA MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of the Judgment and order of conviction passed by the then learned Additional Sessions Judge, 5th, Gaya, in S. Tr. No. 106/97 on 22.5.2000.

(2.) The abovenamed sole appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life. He has further been convicted under Section 27 of the Arms Act and sentenced to rigorous imprisonment for three years. However, sentences awarded to the appellant have been ordered to run concurrently.

(3.) The incident occurred on 5.10.96 at 4.30 p.m. in Bhuin Toli of Village-Nadra Paliar Tal, P.S. Khizersarai, District-Gaya. At the alleged time while the villagers were singing Jhumar songs on the eve of Jitiya, the appellant armed with pistol came and fired towards female which hit Jirmatiya Devi and also her baby aged five months. Jirmatiya Devi sustained firearm injury on her face, forehead, eyes, throat and chest and fell down floundering on the ground. The baby in her lap also sustained injuries. On the way to Khizersarai Hospital Jirmatiya Devi died. The witnesses, Rameshwar Manjhi PW 2, Ramjitan Manjhi, PW 3 and Binda Manjhi, PW 4 and many villagers witnessed the occurrence of murder committed by the appellant due to previous enmity.