UMA RAI @ OMPRAKASH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the Appellant and learned counsel appearing on behalf of the Additional Public Prosecutor.

(2.) Appellant Uma Rai @ Om Prakash Rai has been convicted for the offence punishable under Section 302 Indian Penal Code and sentenced to undergo life imprisonment with a fine for Rs. 20,000/- in default of which to undergo further imprisonment for one year by a Judgment and order of sentence dated 14.7.2010 passed by the Sessions Judge, Saran at Chapra, in connection with Sessions Trial No. 15 of 2009.

(3.) The case of the Informant Arjun Rai (PW 5) son of the deceased is that on 9.9.2008 at about 6:00 A.M., his father Dularchand Rai had gone to ease where the Appellant reached and started to fight on account of an earlier incident which had taken place about 2-3 days ago due to grazing of the paddy crops of the Appellant by the horse of the deceased. The villagers came and, thereafter, they went their own way. However, a little while later, the Appellant assaulted the deceased repeatedly on the neck on account of which he was seriously injured. As soon as he learnt about this occurrence, he ran there along with his uncle Jagdish Rai (PW 1). On seeing them, the Appellant allegedly ran away. During course of treatment, his father died and, therefore, the present Fard-beyan.