PALLO RABIDAS Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE instant appeal is preferred against the judgment of conviction dated 3rd April, 1992 and order of sentence dated 8th April, 1992 passed by the learned 3rd Additional Sessions Judge, Bhagalpur in Sessions Trial No. 254 of 1989/915 of 1990 whereby and whereunder the sole appellant has been found guilty for committing the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life.

(2.) THE prosecution case was initiated at the behest of Jitan Ravidas (PW 5) brother of the deceased Videshi Ravidas. Shortly stated, the prosecution case is that 7th March, 1985 was the day of Holi festival and Rajo Rabidas, a neighbour of the informant, came to his house and Poured coloured water on the wife of the informant to which the informant asked Rajo Rabidas as to why he poured coloured water on his Bhabhu (younger brother's wife) and this annoyed Rajo Rabidas to the extent that he went back to his house and from there Rajo Rabidas came armed with Farsa, his brother Palo Rabidas (appellant) armed with dagger, Thalo Rabidas armed with spear, Tera Rabidas armed with spear, Banke Rabidas came into courtyard of the informant. Banke Rabidas ordered to kill and then Thalo Rabidas and Rajo Rabidas caught hold the elder brother of the informant namely, Videshi Rabidas and the appellant Palo Rabidas assaulted him by dagger on his left stomach and right side of the back resulting Videshi Rabidas became senseless. Tera Rabidas caught hold the informant and assaulted him by slaps. The occurrence was witnessed by Dino Rabidas, Saran Rabidas (PW 1), Sitabi Ravidas (not examined), Paran Rabidas (PW 2) and other villagers. The aforesaid accused persons also took away utensils of the informant. The injured Videshi Rabidas was brought to Bhagalpur Medical College and Hospital. The fard -beyan was recorded by Shri Shatrughan Singh, A.S.I. of Bhagalpur Medical College Hospital Police Station on 7.3.1985 at 7.00 pm (Ext. 1) on the basis of which a formal FIR was drawn. Inquest was prepared and post mortem was conducted and the post mortem report (Ext. 3) was prepared by Dr. H.I. Ansari. After investigation chargesheet was submitted and accordingly, cognizance was taken. The case was committed to the court of Sessions where besides the appellant co -accused Rajo Rabidas and Thalo Rabidas have also faced trial but two were acquitted and the appellant was convicted and sentenced as above.

(3.) LEARNED trial Judge after conclusion of the trial found the appellant guilty for committing the offence punishable under Section 302 of the Indian Penal Code and accordingly, sentenced him to undergo imprisonment for life whereas two co -accused Rajo Rabidas and Thalo Rabidas have been acquitted.