ASHOK DOME Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal (DB) No. 491 of 1990 filed by Ashok Dom and Cr. Appeal No.(DB) No. 515 of 1990 filed by Bijwa Dome and Piyaria Dome have been hard together and are being disposed of by this Judgment because both the appeals arise out of one judgment of conviction dated 30.08.1990 and order of sentence dated 31.08.1990 passed by the learned IInd Additional Sessions Judge, Nalanda at Biharshari in Sessions Trial No. 295 of 1987 holding all the three appellants guilty under Section 302/34 of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for life.

(2.) With regard to occurrence of 24.04.1987 at 4 PM, Fardebyan (Ext.2) of Lalchand Dome (deceased) was recorded at Sadar Hospital, Biharsharif by S.I., Ajit Kumar (PW-7) on 25.04.1987 at 11 AM wherein Lalchand Dome has given description of assault upon him. He stated that on preceding day, i.e., 24.04.1984 at about 4 P.M. Bijwa Dome, Piyaria Dome and Ashok Dome intercepted him and demanded the money of meat (fork). The informant told that unless Kurta was return, no money would be given. Then Bijwa Dome assaulted upon the head of the informant by "Fouri" whereas Piaria Dome given a fouri butt blow on the stomach of the informant and Ashok Dome assaulted by fist and slap. The motive of the occurrence is that on the eve of Holi one pig was scarified and amount was not given by the informant. The occurrence was witnessed by Mahendra Dome, PW-2 and Krishna Dome, PW-5. The Faradebyan was resulted into a formal FIR (Ext.2/1) and the case was registered under Sections 323 and 324/34 of the Indian Penal Code, but subsequently when injured died, Section 302 of the Indian Penal Code was added by the order of learned Chief Judicial Magistrate, Nalanda on 05.05.1987.

(3.) The investigation commenced and in course of investigation, inquest report (Ext.5) was prepared, postmortem report (Ext.6) was obtained and place of occurrence was inspected. The statements of the witnesses were recorded. Charge sheet was submitted by the Investigating Officer. After cognizance, this case was committed to the court of Sessions where charge under Section 302/34 of the Indian Penal Code was explained to the accused persons. The accused persons pleaded innocence hence, trial proceeded.