SHEO CHANDRA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant, being aggrieved by the judgement of conviction and sentence dated 16th of January, 1988 passed by the Ist Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 67 of 1986 holding him guilty under Section 302 of the Indian Penal Code and sentencing to suffer rigorous imprisonment for life, has preferred this appeal.

(2.) PROSECUTION story, according to the first information report (Ext. 3) given by P.W.4 Ganesh Ram before the Officer Incharge of Bhagwanpur Police Station is that on 28.5.1985, while he was at his residence, he came to know that milk had not come from his bathan as usual till 6 A.M, he went to his bathan to make enquiry in this regard. At the bathan, according to the informant, his brother was not found and on enquiry from the servant Rajdeo, he came to know that he has gone to plough the banana-field and on this information, he proceeded towards the said field and when reached near its north-west corner, he saw his brother Bisheshwar Singh fleeing with spade towards south being chased by several accused persons including Anant Ram and the appellant Sheo Chandra Ram carrying sickle (Hasuli). According to the report, Rameshwar ordered for assault upon which Anant Ram fired from his country made pistol and Bisheshwar Singh after sustaining fire-arms injuries, ran for some distance but fell down near the house of Ram Prasad, The informant has further alleged that Sarikhan Singh caught hold of the deceased and the appellant pierced the stomach of Bisheshwar Singh by his sickle at the order of Rameshwar Singh, where he died. According to the first information report, when the informant raised alarm and rushed towards his brother, the assailants fled away. According to the informant, Jagmati Devi and Hari Narain Singh saw the occurrence who have been examined as P.Ws. 1 and 2 respectively. According to the informant, the occurrence had taken place because of the village-feud.

(3.) IT is relevant here to state that during the course of investigation, the statement of P.W 2 Jagmati Devi was recorded under Section 164 of the Code of Criminal Procedure, hereinafter referred to as "Cr.P.C.' which has been brought on record by the appellant as exhibit.