SURESH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for life by judgment of conviction and order of sentence dated 18.01.2011 and 19.01.2011 passed in S.T. No. 489 of 2009 respectively, corresponding to Doriganj P.S. Case No. 8 of 2009 G.R. No. 652 of 2009 by the Addl. Sessions Judge, 4th, Saran at Chapra.

(2.) The case of the prosecution according to P.W. 3 Surendra Rai is that on 01.03.2009 at about 9 a.m he along with his nephew Ramadhar Rai had gone to Simri Ghat where the deceased Ramadhar Rai asked the Appellant as to why his boat had not been completed. This led to an altercation between both the persons in course of which the Appellant assaulted the deceased Ramadhar Rai with an instrument used in carpeting i.e. Barma.

(3.) On going through the evidence and hearing the parties we are of the opinion that in the facts of the case at best an offence under Section 304 is made out for which reason we shall discuss the evidence of the witnesses accordingly.