DASHRATH GORAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Section 302 of the Indian Penal Code for causing the murder of Madan Mohan Gorai and has been sentenced to undergo rigorous imprisonment for life. He has further been found guilty under Section 326 of the Indian Penel Code (shortly the Penal Code) for causing grievous hurt to the informant (P. W. 7) Shaktipado Gorai, the son of the deceased and has been sentenced to undergo rigorous imprisonment of 5 years under this count as well with the direction that both the sentences will run concurrently,

(2.) The prosecution case leading to this appeal is that P. W. 1, alongwith his father, deceased Madan Mohan Gorai and his elder brother Shaktipado Gorai (P. W. 7), had gone to attend the call of nature in the morning of 22-6-1983 at about 5.30 a. m. The deceased, being an old man, sat near the house itself to attend the call of nature and the informant and his brother (P. W. 7) went other- side of the canal to attend the call of nature. While[they were easing, they heard halla raised by the father. They got up and saw their father being assaulted by this appellant with sword. P. W. 7 rushed towards his father. He was also assaulted by this appellant with sword. The deceased fell down. P. W. 7 also fell down. Thereafter, with the help of the villagers, P. W. 7 and the deceased were taken to the police station where, on the statement of P. W. 1. F. I. R. Ext. 1 was recorded and a case was instituted. P. W. 8 took up the investigation. The father of the informant died of the injuries and post-mortem examination was conducted on his dead body by P. W. 9. P. W. 10 another doctor examined P. W. 7, who had received injuries.

(3.) P. W. 8 inspected the place of occurrence and submitted charge-sheet against the appellant.