KHOKA MAHTO AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Four persons were tried under Sec. 302/34 of the Indian Penal Code. Two of them were acquitted and the two Appellants were convicted. Each of them was sentenced to imprisonment for life.

(2.) On 7-8-1978 at about 8.30 a. m. P.W. 4 lodged an information with police that on 7-8-1978 at about 6 A.M. that the appellants had murdered Baijnath. In the First Information Report it was also stated that P.Ws. 1, 2 and 4 were injured by the appellants. The cause was dispute with regard to flow of water in the agricultural land. The court below on the basis of the evidence of eye-witnesses found the appellants guilty of the charge and convicted and sentenced them in the manner indicated above.

(3.) Mr. Laik, learned counsel appearing on behalf of appellants submitted that the prosecution has failed to prove that P.Ws. 1, 2 and 4 were injured by the appellants at the place of the occurrence on 7-8-1978. He urged that the prosecution has also failed to prove that P.Ws. 1, 3 and 4 were present at the time of occurrence. Further according to Mr. Laik since the post-mortem report was not admissible in evidence, the appellants could not have been convicted under Sec. 302 of the Penal Code. In support of his submission, Mr. Laik draw our attention to the First Information Report, the evidence of the witnesses and other materials on record.