BAUELAL JHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed by the soleappellant being aggrieved and dissatisfied with the judgment of conviction dated 27.01.1993 and order of sentence dated 09.02.1993 passed by the learned Sessions Judge, Begusarai in Sessions Trial No.08 of 1991, by which the learned Sessions Judge has convicted the appellant under Section-302 of the Indian Penal Code and sentenced him to undergo imprisonment for life.

(2.) It may be noticed here that the appellant was released on bail by this Court by order dated 14.05.1999, having already spent about 9 years in jail custody.

(3.) The prosecution case is based upon the fardbeyan of one Ram Sumiran Singh (P.W.6) as recorded at Balia Police Station in the district of Begusarai on 13.06.1990 at about 6:45 am. Ram Sumiran Singh (P.W.6) informant is the father of deceased Mithu Singh. In the fardbeyan it is, inter alia, alleged that at about 4 pm on 12.06.1990, while the informant was cutting grass near the Gandak Bandh, his son, Mithu Singh was grazing the buffaloes. Biku Singh (P.W.3), Lallu Singh (P.W.7) and Ghuran Paswan (P.W.2) were also grazing their buffaloes along with the informant's son, Mithu Singh. Being tired, they were resting under a Shisham tree. He saw that the appellant came with two of his buffaloes and asked the deceased, Mithu Singh, age about 23 years, to take charge of grazing his two buffaloes as well.