DUMAR BIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Ms. Anukriti Jaipuriyar, learned Amicus Curiae for the Appellant and Mr. Satya Narayan Prasad, learned counsel for the State.

(2.) The present appeal has been preferred against the Judgment of Conviction dtd. 15/9/2000 and Order of Sentence dtd. 16/9/2000 passed by the learned 5th Additional Sessions Judge, Gopalganj, in Sessions Trial No. 211 of 1996 arising out of Sidhwalia P.S. Case No. 243 of 1995, whereby the appellant was convicted for the offence punishable under Sec. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and fine of Rs.5000.00 and in default of payment to undergo R/I for one year.

(3.) The prosecution case, as unfolded in the fardbayan of the informant, Dharamnath Singh alias Chiraiya Das, son of Late Jamadar Singh, recorded at Sidhwalia Police Station on 19/10/1995 at about 6:00 P.M., is that on 19/10/1995 at about 3:30 P.M., the informant reached his agricultural field from the eastern side, while his brother, Paras Singh (deceased), arrived at the field from the northern side. It is alleged that the informant 's Rahar crop was damaged by cattle. The informant questioned the accused as to why they had destroyed the crop and stated that he would not abandon his land on account of their actions. Thereupon, it is alleged that the appellant, along with the other co-accused persons, started assaulting the informant with lathis at the instigation of co-accused Palita Bin. It is further alleged that Algu Bin was the first to assault the informant with a lathi, whereafter the remaining accused persons also joined in the assault. The appellant inflicted a spear blow on the abdomen of the informant's brother, Paras Singh, causing him to fall on the field. Thereafter, Kanchan Bin allegedly assaulted Paras Singh with lathi. The occurrence was witnessed by Vishwanath Singh, Amresh Singh, Yogendra Singh, and other persons, who rushed to the place of occurrence. Upon seeing other villagers were approaching, all the accused persons allegedly fled from the place of occurrence. It is also alleged that the informant 's brother Paras Singh died on the field at that time.