NANHAK RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this appeal filed by sole appellant Nanhak Ram from jail, the appellant has challenged legality and correctness of judgment and order of conviction dated 29th June, 1987, passed against him by Ashok Kumar Sinha, District and Sessions Judge, Saran, Chapra, in Sessions Trial No. 55 of 1987 arising out of Manjhi P.S. Case No. 53/86 dated 18.4.86, whereby and where-under learned District and Sessions Judge convicted the appellant for the offence under Section 302 of the Indian Penal Code and sentenced thereunder to undergo rigorous imprisonment for life.

(2.) The prosecution story, as it appears from fardbeyan (Ext. 1) of informant Jai Narain Singh (P.W. 6) recorded by ASI Pran Mohan Jha (P.W. 9) on 18.4.1986 at 17 hours at the door of Jai Narian Singh (P.W. 6) is as follows: On 18.4.1986 at about 9 hours in the morning while brother Ramnarain Singh (deceased) of the informant (P.W. 6) was going to his khalihar and when he reached at a distance of 200 yards south from his house all on a sudden the appellant assaulted with mussar of wood on neck head and other places of body of brother (deceased of informant) with the result the brother of informant fell down there and succumbed to his injuries. The son of informant Rajeshwar Singh (P.W.. 7) aged about 10 years, who was playing there came running and informed about the occurrence when the informant was at his khalihan. After the informant came he knew about the occurrence. Thereafter villagers, namely, Parmeshwar Dubey, Krishnadeo Tiwary and others took the dead body of brother of informant at his darwaja. The informant also stated that right from four days before the occurrence, appellant Nanhak Ram used to behave like mad and had attempted to assault one Ram Shakal Singh alias Bhardul Singh with bhala but Ram Shakal Singh had escaped. The appellant also entering into house of one Ugam Ram in the night had scattered his clothes, boxes etc. Day before yesterday, i.e., on 16.4.86 an iron chain was put in the hands of appellant and appellant had managed to take out his right hand from the chain. The informant also stated that after death of his brother in order to control the appellant and to put chain in the hands of appellant people had assaulted the appellant with lathi resulting hurt to appellant.

(3.) On the basis of fardbeyan (Ext. 1) a case under Section 302 I.P.C. was registered against the sole appellant and formal F.I.R. (Ext 2) was drawn. The case was investigated by police and after completion of investigation police submitted charge-sheet against the sole appellant for committing offence under Section 302 I.P.C. Later on cognizance of the offence was taken against the appellant and the case was committed to the court of session for trial. The appellant was put to trial and the learned District and Ses- sions Judge, Saran, Chapra, found the appellant guilty of offence under Section 302 I.P.C. and convicted and sentenced him to undergo rigorous imprisonment for life as indicated in paragraph 1 of this judgment.