DEO NARAYAN ROUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant, namely, Deo Narayan Rout has been convicted under sections 302 and 448 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life under section 302 of the Indian Penal Code but no separate sentence was recorded by the trial court under section 448 of the Indian Penal Code.

(2.) THE fardbeyan of the informant, namely, Langar Thakur (P.W. 5), the son of the deceased, was recorded by A.S.I. Ashok Kumar Singh (I.O.) on 19.5.96 at 7.00 P.M. at Bahera hospital and the prosecution as disclosed in the fardbeyan is that on 19.5.96 at about 2.00 P.M. a quarrel took place between the female members of the informants house with the female members of neighbourhood. In the meantime the appellant came with Tangi in his hand and by abusing he assaulted the informants mother Kaushalya Devi with Tangi on her head as a result of which the informants mother was seriously injured. The informant who was shaving nearby came to the rescue of his mother but the appellant fled away. The informant saw that blood was coming from the mouth and nose of his mother. The occurrence was witnessed by Mahendra Rai and Shyam Jha and after sometime many villagers assembled at the P.O. On the basis of the fardbeyan a case under sections 341, 324 and 307 of the Indian Penal Code was registered but in course of investigation the informants mother died, so, the case was converted under section 302 of the Indian Penal Code. The police submitted chargesheet under sections 448, 441, 324, 307 and 302. of the Indian Penal Code against the appellant. The learned Magistrate took cognizance in the case and committed the case to the court of sessions.

(3.) THE defence has also examined D.W. 1 Ganga Prasad Jha who is a lawyer clerk. He has formally proved the compromise petition (Ext. A) and has stated that the compromise petition was drafted at the instance of Langer Thakur who affixed his L.T.I. after understanding the contents. He, however, could not say the contents of the compromise petition.