RAM SWAROOP RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant Ram Swaroop Ram who has been found guilty for an offence punishable under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life vide judgment dated 04.04.1990 passed by Sessions Judge, West Champaran at Bettiah in Sessions Trial No. 488 of 1987, has filed instant appeal.

(2.) THE prosecution case in nutshell as per fardbeyan given by Shankar Ram (P.W.7) on 03.06.1987 at about 9.30 A.M. at his house lying at village Kuriya, P.S.Majauliya, District West Champaran divulging the fact that while he was sleeping over a mat in between the night of 2/3.6.1987, all on a sudden, two persons duly armed with lathi came, overpowered him and threatened that in case of any sort of movement having exercised, it will be taken up seriously. At that very time, he had also seen one person flashing torch on road north to his house. During midst thereof, he heard whim of his youngest brother Jitendra Ram asking Daudo Shivnath Bhai Ho and just thereafter gone into silence. He also heard sound of two shots. Thereafter two persons who had kept watch during intervening period left the scene. He then rushed towards Mushar Toli and raised alarm over which his co -villagers Heera Manjhi, Sadhu Manjhi, Jag Narayan Prasad along with others came with whom he had gone to the place and found his brother Jitendra Ram dead lying over cot in front of his bhusauli. Blood was oozing out from his left temporal region. Then he disclosed that the assailant of Jitendra Ram must have been associates of the person who had confined him. Then he also asserted that now -a -days dispute was going on between deceased Jitendra Ram with his brother Ram Swaroop Ram on account of potato seeds. So, he apprehended that deceased might have been done to death at the instance of Ram Swaroop Ram. He had further disclosed that the assailants have attacked over house and the sign of striking by sharp weapon is visible at the door of the house of the deceased. He had also mentioned the fact that on query inmates of the house had disclosed that nothing was taken away. Then he claimed identification of the aforesaid two miscreants whom he had seen in the torch light.

(3.) ON the basis of the aforesaid fardbeyan, Majhaulia P.S.Case No. 41 of l987 was registered against unknown. Accordingly, the investigation commenced, during course of which as named by other witnesses, there had been apprehension of appellant Ram Swaroop Ram and subsequently thereof, after completing investigation chargesheet was submitted on account of which the appellant faced trial and met with ultimate result having challenged under instant appeal.