RAM DULAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Mr. Prabhakar Singh, the learned Advocate for the appellant/Ram Dular Singh and the learned APP for the State.

(2.) The appellant has been convicted under Ss. 302/34 of the Indian Penal Code vide judgment dtd. 27/2/2006, passed by the learned Additional Sessions Judge, F.T.C No. II, Kaimur at Bhabua in Sessions Trial No. 76 of 2003 / 245 of 2004, arising out of Adhaura P.S. Case No. 11 of 2002. By separate order dtd. 27/2/2006, he has been sentenced to undergo R.I. for life, to pay a fine of Rs. 3,000/- and in default of payment of fine, to further suffer R.I. for three months.

(3.) The FIR has been lodged by Ram Nagina Singh (P.W. 2), who is the son of the deceased. He has alleged that on 10/6/2002, his father along with other villagers were attempting to remove the silt from the village well because in the summer season, the water level had gone down and the villagers were finding it difficult to get potable water from the same very well. This was objected to by the appellant and his brother/Lallu Rai (since dead). Because of the protest by the appellant and his brother, the villagers left the work and went back to their respective houses. Thereafter, the appellant and his brother again started filling the well with the silt which had been removed. On seeing this, the father of P.W.2 tried to reason out with the appellant and his brother, but they got furious.