KAMAL RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal has been preferred against the judgment and order dated 22.8.1987 passed by Sessions Judge, West Champaran, Bettiah in S.T. No. 108/86 whereby the sole appellant has been convicted for the offence under Section 302, IPC and sentenced to undergo imprisonment for life.

(2.) Sudama Ram gave his fardbeyan on 15.4.1984 at 11 p.m. in M.J.K. Hospital, Bettiah before Asstt. Sub-Inspector of Police that at about 9.30 p.m. his father Phuleshwar Ram had gone to the house of Sita Ram Harijan to attend the feast at the occasion of Katha (Puja). He was standing there as he had already taken food. Kamal Ram the appellant, was also there. He told one Mangal Ram as to why he was chewing like bone on which the father of the informant Phuleshwar Ram asked him not to speak in such a manner as they have assembled at the occasion of Puja. On this there was altercation between the father of the informant and Kamal Ram, the appellant. Kamal Ram went to his house and came with a gupti. His father also after taking meal proceeded towards his house. He was also with him. When they reached near the house of Mewa Mian, Kamal Ram started abusing and pierced gupti in the abdomen of his father. His father fell down. He tried to catch him but he ran away. His father was taken to the hospital for treatment. He was not in sense or in a condition to give statement.

(3.) On the aforesaid fardbeyan, formal first information report was drawn, investigation was taken up and after completion of investigation charge-sheet was submitted against Kamal Ram, the appellant. On receipt of charge-sheet, cognizance was taken and the case was committed to the Court of Sessions for trial. The trial Court convicted the appellant as indicated above.