BISHWANATH PASSI @ KULLAR PASI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Miss. Monika, Advocate appearing for the appellants as amicus curiae and Sri Shiwesh Chandra Mishra for the State and perused the record.

(2.) This criminal appeal has been preferred against the judgment of conviction and sentence order dated 209.1994 passed by the Addl. Sessions Judge I, Nawada in Sessions trial no. 11 of 1994/ 27 of 1993 by which and whereunder learned trial court convicted the appellants for the offence punishable under section 302/34 of the Indian Penal Code and accordingly, sentenced them to undergo rigorous imprisonment for life.

(3.) Pw10, namely, Ram Swaroop Manjhi gave his fardbeyan to PW14, Bandhu Shah, the then SI of Town police station on 29.12.1992 at about 5 a.m. at Sadar hospital, Nawada to this effect that 10 to 15 days ago, appellants had plucked leaves of Tar upon which he as well as his cousin brother Baldev Manjhi forbade the appellants to do so but they became furious and abused him and since then they used to threat and terrorize persons of Mushar community of village Dularpur. He claimed that on 28.12.1992, 3 to 4 persons of village Dularpur were returning to their home from Kadirganj Market and while they were on the way, appellants stopped them but any how they managed to escape from there but on the same day at about 6 p.m. while his father was returning to his home from Kadirganj Market and reached near Bichali press, on pitch road, appellants encircled him and started assaulting him by means of Pajona. His father raised alarm which attracted villagers including the informant and they rushed to the place of occurrence where they saw that the informant's father was lying on the road and the appellants were assaulting him by means of Pajona. Appellants, having seen the villagers and the informant, fled away from there. Injured was brought to his home and fire warm was given to him. However, subsequently, he was taken to Nawada hospital where he died in course of treatment.