RAM UDGAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The three appellants have been convicted under S.302/34 of the I.P.C. (hereinafter referred to as 'the Code') and each one of them has been sentenced to undergo rigorous imprisonment for life. They have further been found guilty of the offence under S.323/34 of the Code, but no separate sentence has been awarded under this charge.

(2.) The occurrence of murder took place on 21st May, 1983 in village Rajour Rambhadrapur under police station Rosra in the district of Samastipur. All the three appellants are own brothers. We get from the evidence of the witnesses that one Bairagi had three sons namely, Basudeo Jha, Jaydeo Jha and Bachcha Jha. The three accused appellants are sons of Basudeo Jha. The deceased Nunu Jha was son of Jaydeo Jha, deceased's brother Bindeshwari Jha (P.W. 10) is the informant of the case. Bachcha Jha, third son of Bairagi Jha died leaving behind his widow Jashoda Devi and a daughter Shashi Kala Devi. Jasoda Devi also died. Shashi Kala is married to one Baijnath Mishra, who is said to be in possession of the estate of Bachcha Jha.

(3.) Evidence is not very clear. But it seems that there had been a division of the properties in the family. There is an orchard in the village. The trees of mango fruits and Jamun fruits (black berries) were there in the orchard. P. W. 10, the informant has said that Jamun tree was still in the joint possession of the parties.