LAXMI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Appeal is directed against the judgment and order both dated 18-4-1992 passed by Additional Sessions Judge X, Rohtas at Sasaram in Sessions Trial No. 158/29 of 1987 convicting and sentencing the appellant to undergo rigorous imprisonment for seven years under Section 304, Part II read with Section 14 of Indian Penal Code (in short "I.P.C.") and to undergo rigorous imprisonment for six months under Section 323 read with Section 34 of I. P. C. Both the sentences have, however, been ordered to run concurrently.

(2.) The case of prosecution, in short, is that a Lota was stolen from the house of informant Tejiya Devi (PW 2) by Lal Babu Ram, son of Somaru Ram. On 28-8-1996 at about 4 p.m. informant along with her deceased husband Sahdeo Ram was making enquiry from co-accused Somaru Ram and his wife in a lane in front of their house about stolen Lota when appellant and co-accused Somaru Ram both started assaulting Sahdeo Ram with lathis who, on receiving the injury, on his head fell down and, thereafter, appellant and Somaru Ram again assaulted him with lathis. When informant and her brother-in-law Sukhdevo Ram (PW 7) tried to rescue the deceased, they were also assaulted by appellant and Somaru Ram with lathis. Sukhdeo Ram received injuries on his right arm. Sahdeo Ram, after receiving injuries, became unconscious. The Fard-e-beyan (Exhibit-3) of informant was recorded on the same day at 19.45 hours at Sadar Hospital, Bhabua and a case under Sections 307, 323/34 of I. P. C. was registered by drawing a formal first information report (Exhibit-4) because by that time, Sahdeo Ram was living unconscious. Subsequently, Sahdevo Ram died and Section 302 of I. P.C. was added to the first information report. The police, after investigation, submitted chargesheet under Sections 302, 307, 323/34 of I. P. C. and cognizance of the case was taken and case was committed to the Court of Session where charges under Sections 302/34 of I. P. C. for committing murder of Sahdeo Ram and under Sections 323/34 of I. P. C. from voluntarily causing hurt to Sukhdeo Ram were framed against the appellant and co-accused Somaru Ram. After trial, appellant and co-accused Somaru Ram both were held guilty under Sections 304, Part II and 323/34 of I. P. C. and were convicted and sentenced as indicated above.

(3.) The case of defence, as it appears from the trend of cross-examination of prosecution witnesses, is that the deceased, while trying to take out a bucket from the well, fell down in the well, received injuries and died and they have been falsely implicated in this case on account of village politics.