SUDHA BHOGTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the order of conviction and sentence passed by the Addl. Sessions Judge, Simdega, in Sessions Trial No. 61 of 1990 against the appellant on 4-3-1994, by which he convicted the appellant under Section 302 of Indian Penal Code and sentenced him to undergo rigorous imprisonment for life thereunder.

(2.) The prosecution case, in short, as mentioned in the Fard Beyan (Ext. 4) of the informant Ram Chandra Bhogta (since deceased is that on 3-1-1990, at about 8.00 a.m., when the informant Ram Chandra Bhogta was cutting soil in the field adjacent to the 'Bari' of Dashrath Bhogta (deceased), he saw the appellant going with an axe in his hand in the Bari of Dashrath Bhogta, where he was engaged in repairing the fencing. Further case of the prosecution is that this appellant gave an axe blow on the head of Dashrath Bhogta, as a result of which he fell down on the ground and that the infonnant and Aghnu Bhogta (not examined) rushed there and that the mother and the wife of Dashrath Bhogta also came there. At this, the appellant fled away with the axe, and they saw Dashrath Bhogta lying dead. The informant Ramchandra Bhogta gave his fardbeyan (Ext. 3} at 2.00 p.m. at the place of occurrence itself, on which, a formal FIR (Ext. 3) was drawn up and Kolebira PS Case No. 1 of 1990 was registered under Section 302 of the Indian Penal Code, against this appellant. After due investigation, the appellant was chargesheeted. The case was committed to the Court of Sessions and a charge under Section 302 of the Indian Penal Code was framed against this appellant and he was put on trial.

(3.) The defence of the appellant appears that he has been falsely implicated in this case. After trial, the Addl. Sessions Judge, Simdega convicted the appellant as aforesaid.