SAJJAN MANJHI @ SANJAN MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal arises out of the judgment of conviction and sentence dated 29.4.2003/30. 4.2003 passed by the 3rd Additional Sessions Judge, Gopalganj in Sessions Trial No. 46 of 2001/118 of 2001.

(2.) The appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life alongwith fine of Rupees. One thousand with three months simple imprisonment in the event of default.

(3.) THE fardbeyan of Bishwanath Singh, P.W. 5, father of the deceased Shailesh Singh was recorded on 5.1.2001 at 12. P.M. marked as Exhibit -3. He stated that his son alongwith P.Ws. 1, 2 and 3 went to the egg shop to eat eggs at about 6 P.M. The informant also was out looking for labour. An argument ensued with the appellant at the egg shop with regard to contesting elections for the post of Mukhiya. P.W. 's1, 2 & 3 pacified the quarrel. The informant also reached there. While he was making queries, the appellant pulled out a knife from the 'Lungi ' around his waist and assaulted Shailesh Singh on his left neck. The latter ran towards his house but fainted on the way. His friends brought him home. While the informant was looking for a transport to take the injured to Gopalganj, he expired. The informant asserted that the assault was with the intention to kill.