DARESH KAIBARTHO Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are two Appellants in this Appeal. Both of them have been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life by the trial court.

(2.) According to the prosecution case, on 24-3-1986 at 9 p. m. at village Kamalpur, P. S. Gamharia, District Singhbhum (West), while Kirtan was going on at Hari Mandir, at a short distance therefrom, Bhola Nath Bisai (PW 9) and his brother-in-law Ghandhi Kaibariho were quarreling with Daresh Kaibartho (Appellant No. 1), Mahabir Kaibartho (since deceased), Karmu Kaibartho (Appellant No. 2), Dharmu Kaibartho and Yugal Kaibartho. Abhiram Lah (PW 6) and Bijoy Lah arrived there and asked them not to quarrel. On this Daresh Kaibartho and Mahabir Kaibartho fisted them. Meanwhile, Dwarika Lah alias Dowari Kaibartho (PW 10) came there, noticed the quarrel and informed B. S. Dutta (deceased), who was sitting nearby under a Neem tree along with his son, Bisheshwar Dutta (PW 5) B. S. Dutta went there and asked the reason of quarrel and advised them not to quarrel, on which Daresh Kaibartho told him not to interfere and assaulted him with sword aiming at his neck, which hit on the head causing injury, whereupon he fell down. Thereafter Mahabir and Karmu Kaibartho assaulted him on his head with sword. Bisheshwar Dutta was chased by Daresh with sword but he fled away to his house and narrated the incident to his grand father and uncle, Arjun Dutta (PW 2), who came to the place of occurrence and saw the injured lying. The injured was taken to Railway Hospital on Bullock cart for some distance and thereafter by Tempo, where first aid was given and therefrom by Ambulance he was brought to Tata Medical Hospital, Jamshedpur, where he died. Next morning the police officer posted at the Hospital Camp recorded the Fardbeyan (Exhibit 3) of Bisheswar Dutta (PW 5) which was forwarded to Gamharia Police Station and a formal First Information Report (Exhibit 2) was drawn up. Accordingly Gamharia P. S. Case No. 19 of 1986 against the Appellants and others was registered under Section 302 of the Indian Penal Code and investigation was taken up.

(3.) After investigation, charge-sheet was submitted and cognizance was taken under Section 302/34 of the Indian Penal Code against the two Appellants herein alongwith two others, namely, Mahabir Kaibartho and Dharmu Kaibartho. On 25-9-1986 the case was committed to the court of Sessions for trial. It was registered as Sessions Trial No. 660 of 1986. Mahabir Kaibartho, one of the accused, died in course of the trial.