GANESH CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appeal has been filed against the judgment and order dated 26.6.1986 passed by 5th Additional Sessions Judge, Bhagalpur in Sessions. Trial No. 130 of 1987 whereby the appellant has been convicted for the offence under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life.

(2.) THE case of the prosecution in brief is that on 8.5.1980 one Sheo Dhari Chaudhari along with his nephew Gauri Shankar Chaudhary, Ram Kishun Chaudhary, Raju Ram Pal land Ram Roop, the Chaukidar took the dead body of Raudi Chaudhary on a bullock cart to the police station and lodged F.I.R. at about 6 p.m. stating therein that yesterday i.e. on 7.5.1980 he was returning to his house from Bhagalpur Kachahh and reached Goradih Hatia on way to his house where his uncle Raudi Chaudhary was selling vegetables. His nephew Gauri Shankar was with him. He saw Ganesh Chaudhary in Goradih Hatia. He, his uncle Raudi Chaudhary, his nephew Gauri Shankar Chaudhary were coming to his village Mohanpur after sun set. Ganesh Chaudhary was behind them. When they reached Kachhla field on the west the river Kadwa, Ganesh Chaudhary having Lathi caught his hand and started dragging. His uncle Raudi Chaudhary protested on which Ganesh Chaudhary abused him. His uncle asked him not to abuse on which Ganesh Chaudhary assaulted his uncle Raudi Chaudhary from the pointed portion of the Lathi on his stomach due to which he fell down and the vegetables scattered on the earth. His uncle started collecting vegetable. Ganesh against gave Lathi blow on the right side of his chest due to which he started crying. Ganesh Chaudhary thereafter fled away. He and his nephew Gauri Shankar Chaudhary with the help of Dina Yadav and others, who were behind them took Raudi Chaudhary to his hose on a cot but he died soon thereafter, in the morning he went to the Jagdishpur police station to lodge a case but since no officer was there he along with chaukidar had come to lodge a case. The motive of the occurrence was that there was dispute with Ganesh Chaudhary from before who was convicted in a case under Section 406 of the Indian Penal Code in the year 1979.

(3.) THE defence of the appellant was that he was innocent and had not committed any offence. RaudiChaudhary died due to fall on the ground and he has been falsely implicated in the case out of enmity. The trial Court, however, convicted the appellant for the offence under Section 302 of the Indian Penal Code, as stated above.