ABHIRAM JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant Heera Jha @ Hira Jha has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life. Out of the remaining appellants, namely, Bona Jha, Hakim Jha and Abhiram Jha have been convicted under Section 325 read with Section 34 of the Indian Penal Code and sentenced to undergo R.I. for three years.

(2.) THE prosecution case, as set out in the fardbeyan of the informant Dayanand Jha, recorded on 21.11.1990 at 2.30 p.m. at D.M.C.H. is that, that day (21.11.1990) at about 8 a.m. the appellant Heera Jha who happens to be his (informants) cousin was cutting the "Aar. (platfrom) of his (informants) Gharari land with a view to annexing it in his (appellants) adjacent land. He (informant) objected to it and asked to get the land first measured by Amin and that in course of the talk his (informants) younger brother Laxmi Narain Jha also arrived there and thereafter altercation look place. It is further said that the altercation between the appellant and informant side heated up whereupon Heera Jha (appellant) called the other three appellants and then Bhua Jha carrying garasa, Hakim Jha carrying Bhalla and Abhiram Jha carrying lathi came there. Then it is said that Heera Jha threw the spade with which he was cutting the Aar and he (Heera Jha) took garasa from Boua Jha and he assaulted his (informants) brother Laxmi Narain Jha (deceased) on his head with the back blunt portion of garasa. Receiving the injury the deceased fall down and became unconscious. The informant says that witnesses Bahuram Mishra, Bhogi Jha and others came to the PO and they witnessed the occurrence. It is further said that the deceased was taken to Dr. R.B. Singh it Arrer (Benipatti) who gave First Aid to the deceased and he referred him to D.M.C.H. for further treatment. On the basis of the fardbeyan Arrer P.S. Case No. 0311/90 was registered and investigation commenced. During investigation it appears that the deceased was further referred from D.M.C.H. to P.M.C.H. where he died in course of treatment. On completion of investigation charge sheet was submitted and the appellants were put on trial under Sessions trial No. 73. of 1992 before the Sessions Judge, Madhubani who vide his judgment dated 31.3.2000/6.4.2000 convicted and sentenced the appellants as above.

(3.) IT is proper to discuss the medical evidence first. PW 6 Dr. R.K. Singh deposed that on 27.11.1990 he examined Mohan Jha (PW 2) and found the following injuries on his persons : Right upper inciser tooth missing with swelling of the adjoining gum.