PARAS RAM AND OTHER Vs. STATE OF BIHAR

JUDGEMENT

(1.) (Oral) - Above named appellants have impugned the judgment dated 12th July, 1990 passed in Sessions Trial No. 49 of 1987 / 7 of 1989 by the learned Ist Additional Sessions Judge, Gopalganj holding the appellants guilty under sections 302/34 of the Indian Penal Code and both were sentenced to undergo rigorous imprisonment for life. Appellant No. 1 Paras Ram was separately found guilty under section 323 Penal Code for which he has been sentenced to undergo rigorous imprisonment for six months. The sentences were directed to run concurrently.

(2.) Rajmati Devi (PW 6) gave her fard-beyan (Ext. 1) in Sadar Hospital, Gopalganj at 7.30 P.M. on 6.2.1986 that on the same day at about 11.00 AM her mother-in-law Gangajali Devi and accused Paras Ram- the younger brother of her husband, came to the informant's house and started taking away the house hold articles from the house though they were separate since about a month prior to the occurrence. It was retorted by the informant's husband Gorakh Ram claiming that he was the sharer of the house hold articles. Gangajali stated that the informant's husband had no share and she declined to part with any article. Paras Ram, thereafter, told the informant's husband that he had not to live in the house and stated that mother would live therein. The informant's husband retorted that neither he nor Paras would remain in the house. The altercation ensued, thereafter, Paras threatened to kill and his mother stated that only murder would settle the matter for ever. Paras Ram picked up a Farsa from adjoining Benga Ram and started moving at the door of the informant. Informant's husband came out of the house, then accused assaulted him with Farsa on his head as a result of which informant's husband fell down. Paras Ram thereafter, assaulted the informant with lathi and fists. Baijnath Ram (PW 2), Birendra Ram (PW 3), Lakshaman Ram (PW 4) and others witnessed the occurrence. Achhelal Ram and Vishwanath Ram came and carried the informant's husband to hospital for treatment but he died. The fard-beyan resulted into formal FIR (Ext. 4) bearing Manjhagarh (Thawe) P.S. Case No. 17 of 1986, G.R. NO. 75 of 1986 under sections 323, 307 and 302/34 of the Indian Penal Code. After death of the injured inquest report (Ext. 5) was prepared and the dead body was sent for post mortem. The post mortem report (Ext. 2) was received, injury report (Ext. 3) of the injured was received, place of occurrence was inspected and statement of the witnesses under section 161 Crimial P.C. was recorded. After investigation chargesheet was submitted and cognizance was taken. After performing all paraphernalia i.e after supplying the police paper etc. the case was committed to the court of Sessions where charge under sections 302/34 Penal Code was explained to both the appellants and charge under section 323 Penal Code was separately explained to appellant no. 1 Paras Ram. They pleaded innocence and claimed to be tried.

(3.) The defence of the appellants was of false implication and also that the informant was not a witness to the occurrence and she has deposed so that she could score the appellants' land over a portion of a room.