SARBESHWAR PRAGNAIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sarbeshwar Pragnait, the sole appellant, stands convicted under S.302 of Penal Code and sentenced to undergo imprisonment for life on the finding that he had, on 8-4-1985 in his village Angwali, police station Petarwar, District Giridih, committed murder of Baldeo Pragnait by intentionally causing his death.

(2.) The prosecution version, in brief, is that a Panchayat was held in village Angawali in the forenoon of 8-4-1985 for considering the matter regarding causing injury to Mani Ram Manjhi by Ramjit Manjhi and Chetan Manjhi. Baldeo Pragnait, the deceased, and Sarbeshwar Pragnait, the appellant, as also Lobin Pragnait, Basu Manjhi, Bir Singh Pragnait and Jagarnath Pragnait P.Ws. were the panches. These panches, after holding deliberations, had imposed a fine of Rs. 120/- each upon Ramjit Manjhi and Chetan Manjhi, and they had paid that fine in the shape of currency notes amounting to Rs. 240/- to the appellant. Out of that amount of Rs. 240/- a he goat was purchased for Rs. 200/- and its meat distributed to the panches. The balance amount of Rs. 40/- was allowed to remain with the appellant. Baldeo Praganait had taken his share of meat to the house and had given the same to his wife Smt. Chamru Manjhian P.W. for cooking. Thereafter, Baldeo Pragnait had gone out saying that he was on way to the house of Mani Ram Manjhi.

(3.) The prosecution version further proceeds that Baldeo Pragnait along with Lobin Pragnai, Basu Manjhi, Jagarnath Pragnait and Bir Singh Pragnait P.Ws. had arrived at the house of the appellant on the same day shortly before sun set for demanding the balance amount of Rs. 40/-. Their repeated calls to the appellant in coming out were ignored by him. Thereupon, Baldeo Pragnait and his companions had started raising shouts in asking the appellant to come out. Consequent thereupon the appellant had come out and he was then armed with a Tangi. On seeing the appellant so armed, Baldeo Pragnait and his companions had started running away. However, Baldeo Pragnait had lagged behind. The appellant had then given a blow with his Tangi on the back of neck of Baldeo Pragnait, resulting in his falling down. After causing that injury, the appellant had left his Tangi near Baldeo Pragnait and gone away.