LALA RAM @ SURESH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant in the present Criminal Appeal has moved this Court for setting aside the judgment dated 26.11.2013 passed by learned 1st Additional District and Sessions Judge, Bhabhua, Kaimur, (hereinafter referred to as the 'trial court') in Sessions Trial Case No. 37/42 of 2010/2013 arising out of Kudra PS Case No. 80 of 2009 under Section 302/34 of the Indian Penal Code read with Sections 25 and 27 of the Arms Act. By the impugned judgment the learned trial court has held the appellant guilty under Section 302 IPC and sentenced him to undergo life imprisonment with a fine of Rs.5000/-. In case of non-payment of fine, the appellant will be required to undergo simple imprisonment of three months.

(2.) It appears from the records received from the learned trial court that the prosecution case is based on the written report submitted by one Kedar Ram (PW 5) who alleged that on the date of occurrence, i.e. on 4.6.2009, as usual, he had gone to work in the house of Shrimoni Choubey where at about 6 A.M. he got information that a quarrel has broken out between his family members and the family members of Ganga Ram. PW 5 is said to have reached his house where he found that Ganga Ram, son of Lal Bihari Ram, and Ram Iqbal Ram as also Lala Ram son of Ganga Ram, all lashed with weapons were abusing and saying that who had taken away their 'goitha'. The informant (PW 5) claimed that he made them cool only some time after the peace prevailed, Ganga Ram and Ram Iqbal Ram lashed with 'katta' in their hands rushed towards the son of the informant, at this stage Lala Ram (the appellant) who had a knife in his hand attacked the son of the informant in his stomach by knife and due to that the informant's son became seriously injured. The covillagers chased the accused persons but in course of chase Ganga Ram fled away firing from the 'katta' in his hand but Ram Iqbal Ram and Lala Ram were caught by the co-villagers. In course of chase, Lala Ram got some minor injuries on his head. Ram Iqbal Ram was caught with 'katta' and one cartridge.

(3.) On information to the police station given by the Chowkidar and villagers police came and thereafter Ram Iqbal Ram together with one 'katta' and one cartridge as also this appellant were handed over to police and his injured son was brought to Kudra hospital for treatment but had died on the way.