JAMUN THAKUR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the Appellant and learned counsel for the Additional Public Prosecutor.

(2.) The Appellant has been convicted under Ss. 302 Indian Penal Code and 3(ii)(v) of Scheduled Caste and Scheduled Tribe (prevention of atrocities) Act and sentenced to undergo Rigorous Imprisonment for life and fine of Rs. 10,000/ - each, in default of which, further six months of Rigorous Imprisonment passed by the 1st Additional District and Sessions Judge -cum -Special Judge, Vaishali at Hajipur on 10/12.06.2009 in Sessions Trial No. 643 of 2009 arising out of Bhagwanpur P.S. Case No. 79 of 2007 correspondent to G.R. No. 2756 of 2008.

(3.) The case of the prosecution, according to Rajendra Das (P.W. 6) is that on 29.08.2007 at 1:00 pm. while his grandson Amod Kumar, the deceased was playing in his orchard after taking food, the Appellant Jamun Thakur, who is a Barber, crossed through the banana orchard of the Informant and plucked a few banana, which the deceased Amod Kumar saw and questioned him. The Appellant then thought that this boy would publicize in the village that he had stolen the banana so he caught hold of him and took him to a nearby corn field and having climbed on his chest cut his neck with a Razor. The Informant and others rushed towards corn field, in the meantime, Appellant fled away. On hulla, villagers were came, who saw his grandson dead.