LAKSHUMAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment and order dated the 31st of May 1986 passed b the 4th Additional Sessions Judge, Chapra, in Sessions Trial No.42 of 1979, by which the sole appellant Lakshuman Sharma was found guilty under Section 302 of the Indian Penal Code (for short œthe Code ) and was sentenced to undergo R.I. for life.

(2.) THE prosecution case in short as appears from the F.I.R. recorded en the statement of the informant Ghughli Ram (P.W. 13), brother of the deceased Kampani Ram on 3.11.1977 is as follows : On 2.11.1977 at 4 P. M. Kampani Ram, brother of the informant Ghughali Ram bad gone to cut grass for his master Ram Kumar Sharma from the part land situated in village Sultanganj, it is further alleged that the accused appellant Lakshuman Sharma was cutting grass there from before. The appellant asked Kampani Ram to bring a ˜Gatan for tying his grass bundles to which Kampani Ram refused. The appellant thereafter started abusing, to which Kampani Ram (deceased) also retorted. This enraged the appellant and so he told the deceased Kampani Ram that being a cobbler, he is abusing a Bhumihar and saying this he assaulted the deceased Kampani Ram with a sickle, on his chest, which went inside, due to which he fell down saying ˜Bap -re -Bap. It is further stated that the informant Ghughali Ram (P.W. 13) was catching fish in the nearby pond and on hearing the alarm raised by Kampani Ram, he went to the place of occurrence. By then Havildar Ram who was also collecting woods at a distance nearby, came there. Further case of the prosecution is that the appellant took out the sickle and snatched away the Ganji of the deceased Kampani Ram and filed away, Thereafter the informant and others raised alarm on which other witnesses arrived there. It is further stated that the informants brother Kampani Ram succumbed to his injuries, It is stated that due to follow up night the informant and his other family, members could not proceed to the Police Station out of fear and on the next day morning they went to the Amnaur Police Station with the dead body of the deceased Kampani Ram.

(3.) ON the basis of the aforesaid statement of the informant Ghughali Ram (P.W. 13) a F.I.R. was instituted and a case under section 302. of the Code was registered against the accused -appellant Lakshuman Sharma. There -after the Police took up investigation into the case, conducted inquest on the dead body of the deceased and also sent the dead body for Postmortem examination. The Police also visited the place of occurrence and took the statements of the witnessed and on completion of the investigation, submitted charge -sheet against the appellant.