MOSADI PARIT Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The sole-appellant has preferred this appeal against the judgment of conviction dated 21.12.1990 passed by the 4thAdditional District & Sessions Judge, Motihari and sentence dated 22.12.1990, arising out of Sessions Trial No.300/62 of 1982/87, whereby for an offence under Sections-302 of the Indian Penal Code (in short 'IPC') the appellant has been sentenced to life imprisonment.

(2.) We deem it proper to record that this appeal was admitted for hearing on 20.02.1991 and when it was taken up for final hearing Mr. Anil Kumar Singh, one of learned counsels who had filed this appeal, stated that in spite of several registered letters, he has not received any instruction in recent time. In fairness to the learned counsel, he agreed to assist us at our request.

(3.) Strangely enough, the present case is as a result of dispute over possession of ladies resulting in death of a person, having been allegedly, stabbed by the other. The prosecution case is based upon the fardbeyan of one Girja Devi. Even though she was the informant and an eye-witness to the entire episode, she has not been examined by the prosecution. Interestingly enough she also happens to be the wife of the appellant. The fardbeyan is recorded at Sadar Hospital, Motihari at about 3:30 pm on 09.08.1981. In the fardbeyan, which is Ext.2 and is recorded by the Investigating Officer, Devendra Prasad (P.W.8), she states that she is the wife of Wakil Mian, the deceased and resident of village Singhia, P.S. Banjaria, District East Champaran. On the fateful day at about 2:00 pm the couple had come to the house of one Shambhu Lal Sah @ Shambhu Lal Teli (P.W.4). It is alleged that the appellant came on a cycle and told that they should end litigation by paying Rs.400.00 each upon which Wakil Mian, the deceased, said that he would pay the same after selling bricks tomorrow. Thereupon, it is alleged that the appellant stabbed Wakil Mian and tried to escape when Shambhu Lal Sah @ Shambhu Lal Teli (P.W.4) caught hold of him and handed him to the Hawaldar who came on hearing the shouts. She then carried the injured Wakil Mian on a rickshaw to the hospital where he was being operated. In the hospital, Wakil Mian's earlier wife, Bibi Wakilan and others also arrived. On this fardbeyan the present case was instituted and registered under Sections-324 & 327 IPC, which was later, upon the death of Wakil Mian, late in the night itself it became a case under Section-302 IPC. After investigation, police submitted charge-sheet against the appellant. Upon cognizance being taken, the case was committed for trial to the Sessions where charges having been framed and appellant being pleaded not guilty the trial commenced.