ASHARFI RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard parties.

(2.) This criminal appeal has been filed against the judgment of conviction and order of sentence dtd. 11/5/1994, passed by the 5th Additional Sessions Judge, Chapra in Sessions Trial No. 203 of 1991 convicting the sole appellant under Ss. 302 of IPC and sentenced to undergo rigorous imprisonment for life.

(3.) Prosecution story as per the fardbeyan of Chandravanshi Rai (deceased) in an injured state in Hajipur Sadar Hospital recorded by ASI of P.S. Hajipur in the afternoon of 30/12/1990, is that, while he was making ridge in his land at about 12 Noon in front of his house Asharfi Rai (appellant) came and saw him making the ridge, returned back and thereafter came again alongwith his father variously armed with Bhala and Lathi with an intention to kill him Asharfi Rai assaulted him by bhala on his abdomen and Chandan Rai assaulted with lathi. Their wives had caught hold of him to facilitate assault on him. The reason for assault was land dispute and on the basis of said fardbeyan Sonepur P.S. Case No. 238 of 1991 was registered under Ss. 307, 323 read with Sec. 34 of IPC against appellant, his father Chandan Rai, his Mother and Wife. Informant was referred to PMCH and on the same day he succumbed to his injuries, accordingly Sec. 302 of IPC was added.