SUDIN THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is directed against judgment dated 12.06.2006, passed by the learned Presiding Officer of Fast Track Court No.-I, Madhubani in Sessions Trial No. 70 of 2002/02 of 2005 by which the solitary appellant Sudin Thakur was held guilty of committing offence under Sec. 302 of the Indian Penal Code. The appellant was heard on sentence on 15.06.2006 and was directed to suffer rigorous imprisonment for life.

(2.) The prosecution case is contained in Ext.-2, the fardbeyan of Abdul Shakoor (P.W.3) who stated that about ten days prior to the incident, deceased Md. Sabdul had gone to scrap grass from the ridge of the field of this appellant and there had been some scuffle between the appellant and the deceased on that account during which this appellant had succeeded in snatching the scraped grass from the deceased and had further warned him not to pass by the Darwaza of the appellant, else he would be killed.

(3.) It was alleged in the above context that on 16.10.2001 at about 10.30 A.M. the deceased Md. Sabdul was going to bring medicine and when he reached near the Darwaza of this appellant, he along with one Sudeshwar Thakur surrounded the deceased and this appellant Sudin Thakur dealt Kulhari blow on the head of the deceased as a result of which he fell down unconscious. The deceased also raised cries which attracted villagers who brought him to Bhairava Asthan hospital for treatment where he died.