LALUSAH ALIAS RAJENDRASAHQOPALSAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is the criminal appeal against the judgment and order of 2nd Additional Sessions Judge, Vaishali at Hajipur dated 30th September, 1994 in Sessions trial No. 47 of 1984/18 of 1987 (State versus Lalu Sah and another) where the learned Additional Sessions Judge held both these accused-appellants guilty for the offence punishable under Section 302 read with Section 34, I.P.C. and awarded the sentence of life imprisonment and a fine of Rs. 1,000/- (one thousand), and in default of fine a further sentence of three months, rigorous imprisonment.

(2.) Briefly the prosecution case is that on 19th April, 1982 at 6.30 P.M. In the evening Rameshwar Mahto went to the house of the accused Lalu Sah @ Rajendra Sah to take back his chuhadani (mouse trap) which he gave to Laiu Sah three days back; the accused Lalu Sah did not return and started abusing Rameshwar; while Rameshwar was returning to his house accused Lalu Sah armed with musal (heavy wooden log for pounding the rice) and his brother the accused Gopal Sha armed with lathi arrived there and surrounded Rameshwar near pokhara (small pond) on eastern Bhinda (mud-mound or small height) opposite in the east of Bhatauli Math, and on exhortation given by the accused Lalu Sah both these accused- appellants assaulted Rameshwar, and the accused Lalu Sah assaulted with the iron portion of the musal on the head of Rameshwar and thereby Rameshwar sustained head injuries and blood also oozed out and Rameshwar became unconscious and the other accused Gopal Sah gave the lathi blow on the back of Rameshwar; a couple of villagemen assembled there besides the son of, Rameshwar named Dewari Mahto P.W. 7 ; and Dewari Mahto successfully snatched the musal from the hand of the accused Lalu Sah and it was produced at the Police Station while Dewari Mahto went there.

(3.) Along with unconscious father Rameshwar the informant son Dewari Mahto arrived at the Area Police Out-post and gave his report about the occurrence at 8 P.M. same day. This fardbeyan of the informant is Exhibit-1. The injured Rameshwar Mahto was taken to the nearby Lalganj State Dispensary where the doctor bandaged the head injury and advised to take the injured Rameshwar Mahto to the District Hospital. Injured Rameshwar Mahto was brought to the District Hospital, Hajipur and the Doctor finding the injury to be serious referred the case of the Patna Medical College. The injured Rameshwar Mahto was brought to the Patna Medical College for operation and the treatment etc. but Rameshwar Mahto died next day on 20th April, 1982 while he remained unconscious all along.