BISHWA MOHAN SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This Appeal is directed against the Judgment of conviction and Order of Sentence, dated 16.07.2011, passed by the 3rd Additional Sessions Judge, Saran at Chapra, in Sessions Trial No. 570 of 2009 arising out of Naya Gaon P.S. Case No. 16 of 2009.

(2.) The prosecution case as set out in the fardbeyan (Ext. 1) of Vina Devi (PW 2), wife of Jai Prakash Singh is that on 02.04.2009 at about 07:00 a.m., she was sitting at her darwaza near the gumati. Her husband, Jai Prakash Singh, was cleaning the ground near his gumati. At that time, Ajay Singh, aged about 8 years, son of Bishwa Mohan Singh, threw a flower of Barhar on her husband, to which he made complain to Bishwa Mohan Singh. Thereupon, Appellants, Akalu Singh and Bishwa Mohan Singh, both sons of Laxmi Narayan Singh, started abusing her husband and the appellant no. 2, Akalu Singh caught hold and pushed her husband on the ground, whereupon, appellant no. 1, Bishwamohan Singh assaulted her husband by means of lathi and brick stones. When the informant tried to save her husband, she was also assaulted. On alarm raised by the informant, the villagers gathered around. The accused persons, on seeing the villagers, fled from the place of occurence. When she tried to lift her husband, he had already died. The cause of occurrence is old dispute with respect to partition in the family. She stated that Akalu Singh and Bishwa Mohan Singh have killed her husband by assaulting him with lathi and bricks. On finding her statement in the fardbeyan as true, she and her son put their signatures on the same.

(3.) The prosecution, in support of his case, has examined eight witnesses, out of which PW-7, Gokhul Singh and PW-8, Chinta Devi, have turned hostile. PW-4, Bishwanath Rai and PW-5, Uday Kumar Singh, are not the eye witness of the occurrence.