RAMJEET TURHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT Ramjit Turha along with one Girija Turha held guilty for an offence punishable under Section 302/34 of the Indian Penal Code and directed to undergo RI for life vide judgment dated 24-02-1990 passed by 5th Additional Sessions Judge, Saran at Chapra in Sessions Trial 142 of 1988, had preferred instant appeal, but during the pendency of this appeal Girija Turha had died as a result of which instant appeal now remains confined to the extent of interest of Ramjeet Turha alone.

(2.) THE prosecution case in brief is that on 7.00 a.m. on 11.12.1986, Jamuna Sah (PW-7) had lodged First Information Report (Ext.-1) before Officer-in-charge of Baniapur P.S. alleging inter alia that in preceding evening on 10.12.1986 at about 07:00 P.M. while he was cooking fish and his wife Mahajani Turhin (PW.W.-9) was baking bread, in their house, the wife of one Sheo Pujan Pasi came and disclosed to him that his co-villager Ramjit Turha, son of Banait Sah and Girija Turha, son of Bhuwan Turha had caused injuries on the person of his son Motilal Turha and whereas Ramjit Turha had caught hold of his son it was Girija Turha who had given blow to him by Chhura. The informant claimed that after receiving the aforesaid information regarding injury on his son he had immediately rushed to Darwaja of Sheo Pujan Pasi and found his son groaning in an injured condition in the field of Krishna Singh by the side of village road. According to the informant by that time some villagers had also assembled and seeing them appellant Ramjit Turha and Girija Turha (since dead) towards western direction. The informant had also claimed that his wife Mahajani Turha along with Pravesh Turha, Ramasharay Sah, Phulena Sah had reached over those and had seen his son Motilal Sah in injured condition. According to the informant his son Motilal had disclosed to them that it was appellant Ramjit Turha who had thrown his son on ground and Giija Sah to have Chhura blow. The informant had also stated that at about 11:00 P.M. his son had succumbed to his injuries and such occurrence had taken place at the Darwaja of Sheo Pujan Pasi. As per informant the old enmity was the cause of occurrence who had also stated in the FIR when his son Motilal had gone to the shop of Sheo Pujan Pasi to take toddy while returning from market such occurrence had taken place. He had further disclosed by seeking along with bucket and dead body is lying at the place of occurrence.

(3.) THE plea is defence of both the accused persons put on trial as is evident from mode of cross-examination as well as from the statement recorded under Section 313 of the Cr.P.C. is one of their innocence as well as complete denial of the occurrence. The defence however did not lead any evidence either by examining any defence witness or exhibiting any document on their behalf.