HARISCHANDRA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THREE persons, namely, Arjun Jha, Ram Chandra Jha and Harish Chandra Jha were made accused in a case under sec. 302/34 of the Indian Penal Code. Arjun Jha died before the judgment in this case was delivered and Ram Chandra Jha died during the pendency of the appeal before this Court.

(2.) NOW the sole appellant before this Court is Harish Chandra Jha who has been convicted under sec. 302/34 of the Indian Penal Code to undergo R.I. for life.

(3.) THE prosecution case is that Govind Jha (informant) gave his beyan stating therein that he heard from one Punianand Choudhary that his uncle Balbhadra Jha had been assaulted by Arjun Jha, Ram Chandra Jha and Harish Chandra Jha. When he went to the place of occurrence which was the field belonging to his family, he saw that Harish Chandra Jha and Ram Chandra Jha were armed with lathi and farasa and Arjun Jha was behind them. It has been alleged that Ram Chandra Jha gave a lathi blow to Govind and he fell down as a result of the assault. When he reached near his uncle he found him unconscious and lying in a pool of blood. He also saw that Arjun Jha 'scow was in the field. A number of persons had gathered at the place of occurrence and they told him that Harish Chandra Jha had given farasa blow to the deceased.