SUDIA PAHRIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary appellant Sudia Pahariya has preferred the present appeal to challenge the correctness of the findings of his guilt and appropriateness of the sentence passed upon him by the learned Presiding Officer, Fast Track Court-III, Bhagalpur, in Sessions Case No. 157 of 2001/Trial No. 9 of 2004 by the judgment dated 30th day of Dec., 2005 and order dated 31st day of Dec., 2005.

(2.) The prosecution case is that the informant Md. Washim and the deceased Abdul Majid were carrying out the trade of making hand fans out of palm leaves. It was stated by P.W.1, the informant, that the two had come to Village Ramjanipur, Pahariya Tola, for purchasing palm-leaves for preparing hand fans. The deceased was carrying Rs. 500.00 and he handed over Rs. 100.00 to P.W. 10 Rama Pahariya at his house and after having taken water both of them started for Village Kurba Pahariya Tola. When the informant and the deceased had reached about 250 yards south-west of the hillocks in the Village Ramjanipur Pahariya Tola inside the jungle, this appellant Sudia Pahariya appeared from nowhere and caught hold of the deceased Abdul Majid and attempted to snatched Rs. 400.00 which was left with him. The informant attempted to save the deceased, but the present appellant succeeded in bringing out the sickle from the jhola of the deceased and started giving blows to him. The informant seeing the occurrence started running away raising an alarm which attracted persons and the herds-boys also raised alarm. In the meantime, the appellant had succeeded in killing the deceased and snatching his jhola and started dragging the dead body towards the deeper part of jungle. However, the villagers who had been attracted on the alarm raised by the informant and the heads- boys succeeded in chasing and capturing the appellant.

(3.) It was stated that the appellant during the chase and in the attempt of capturing the appellant, had received some injuries also. The informant further stated that the blows which were wielded by the present appellant on the deceased had caused some injuries on ether sides of his neck as also on the web of his right palm and the deceased had succumbed to his injures. The appellant was known to the informant because he used very often to visit the village Ramjanipur, Pahariya Tola in connection with his business of making hand fans.