RAJESH KUMAR THAKUR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE solitary appellant, Rajesh Kumar Thakur @ Rajesh Thakur after being indicted of committing offence under Section 302 IPC was put on trial by the learned Sessions Judge, Sitamarhi in Session Trial No. 502 of 2008. The appellant was held guilty of committing the offence by judgment dated 05.11.2009 and was heard on sentence on the same day so as to be directed to suffer rigorous imprisonment for life. Being aggrieved by and dissatisfied with the correctness of the findings as regards his guilt and the appropriateness of the sentence, the appellant preferred the present appeal.

(2.) LEELA Devi (PW5), wife of deceased Indrajit Thakur was not an eye witness to the occurrence. She has stated that it was her son Kumar Raushan (PW6) who had seen the occurrence and had narrated the same to her. Leela Devi (PW5) stated that her husband Indrajit Thakur had picked up some dung in a basket and had left his house for throwing the same in his land as also to attend to the call of nature. When he had reached the place in front of the house of Nanhku Sahni, this appellant, who was on a wait, came around and dealt a blow with dabiya, used in tapping toddy, on his neck causing cut injury on the front of it. The deceased moved a few steps and thereafter fell down in front of the house of the said Nanhku Sahni and died instantaneously.

(3.) IT was stated by the informant Leela Devi (PW5) that there was some dispute between the appellant and the deceased regarding the dumping of dung on a public land. The appellant was objecting to the dumping by telling the deceased that by so doing, he was obstructing his path way to his house and that the deceased shall have to face the consequences in the manner indicated in the fardbeyan. It was stated that only on 03.08.2008 that's, one day prior to the incident, the appellant had abused and held out threats to her husband of the nature and for the reason as stated above.