GIRDHARI DOM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals have been filed under Sections 374(2) and 389 (1) of the Code of Criminal Procedure against the judgment of conviction dated 10.5.2013 and order of sentence dated 14.5.2013 passed by the learned Ad hoc Additional Sessions Judge 1st, Bhojpur, Ara in Sessions Trial No. 167 of 2012 arising out of Azimabad P.S. Case No. 19 of 2011 by which the appellants and co-convict Jugeshwar Dom have been convicted and sentenced to life imprisonment with a fine of Rs.20,000/- each and in default of payment of fine six months simple imprisonment each for committing offence under Section 302/34 IPC.

(2.) The prosecution case, in brief, is that on 10.9.2011 at 9 p.m. Payarchand Dom, father of the informant Bindhayachal Dom (P.W. 2) was sleeping on a push cart in front of the shop of Shyam Babu Gupta carpenter his tenant. The informant (P.W. 2) was engaged in chit chat with his family members. He heard footsteps of some persons. In torch light informant saw Birendra Dom (appellant), Jugeshwar Dom, Girdhari Dom (appellant), Baleshwar Dom and Bifan Dom (appellant) having kata (a sharp cutting weapon) in their hands, felt suspicious went inside the house to take out his bed and having soon come out of his house saw Birendra Dom, Jugeshwar Dom, Baleshwar Dom and Girdhari Dom holding his father in sleeping position his maternal brother Bifan Dom slitting his throat. No sooner informant (P.W. 2) raised alarm, his brother Tega Dom (P.W. 1), his brother's wife Permila Devi (P.W. 5) and his wife Usha Devi (P.W. 4) and his mother Muni Devi (P.W. 3) came out of their house and saw the accused persons making good their escape. The miscreants were identified by the informant and his family members in torch light.

(3.) On the basis of fard beyan of the informant Azimabad P. S. Case No. 19 of 2011 dated 10.9.2011 was registered for the offence punishable under Section 302/34 IPC against the accused.