NATH VISHWAKARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 30.3.1989 of the 7th Additional Sessions Judge, Palamau at Daltonganj, in S.T. No. 222 of 1986 (G.R. Case No. 376 of 1985) whereby and where under the learned Court below convicted the two accused appellants under Section 302 of the Indian Penal Code and sentenced them to undergo R.I. for life.

(2.) Originally five accused persons were facing trial out of whom 3 accused persons, namely, Ram Khelawan Vishwakarma, Raj Kumari Devi and Pradip Kumar Vishwakarma were found not quilty and were acquitted.

(3.) The prosecution case in brief, is that the statement of Nand Kumar Vishwakarma of village Soh, police station Garhwa was recorded by Officer Incharge, Garhwa, police station, wherein he had stated that on 22.6.1985 at 10 A.M. while he was cleaning his house, accused Sheo Nath Vishwakarma came at his door and asked him to came out of the house. It is further alleged that when the informant Nand Kumar Vishwakarma came out from his house then accused Sheo Nath Vishwakarma gave a Bashula blow and his wife Ram Keshiya Devi also assaulted the informant with Tangi. It is further alleged that both the aforesaid accused appellants assaulted the deceased due to dispute over share of properties, as result of the aforesaid assault Nand Kumar Vishwakarma fell down on the ground then both the accused appellants went away. It is further said that the villagers assembled and saw the occurrence. Thereafter, the village Chaukidar and the aunt of the informant took him to Garhwa police station where his statement was recorded and F.I.R. was drawn up, on the basis of the aforesaid statement and the police started investigation of the case. Subsequently, the informant died. The police got the postmortem examination conducted and also after competing the investigation submitted charge sheet against two accused appellants alongwith 3 others. Cognizance of the case was taken and all the five accused persons were committed to the court of Sessions. In the Sessions Court only two accused appellants were found quilty under Section 302 of the Indian Penal Code and rests of the 3 accused persons against whom charge under Section 302/34 of the Indian Penal Code was framed, were acquitted as mentioned above.