KAMLESH KUMAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ansul, learned counsel appearing for the appellant and Mr. Shivesh Chandra Mishra, learned Additional Public Prosecutor representing the State.

(2.) The sole appellant has preferred this appeal against the judgment of conviction dated 1.8.1995 and order of sentence dated 5.8.1995, passed by the learned Sessions Judge, West Champaran at Bettiah in Sessions Trial No. 124 of 1994, arising out of Gaunaha Police Station Case No. 99 of 1993, whereby the appellant has been convicted for the offence punishable under section 302 of the Indian Penal Code (hereinafter referred to as 'the IPC') and sentenced to undergo rigorous imprisonment of life, whereas appellant has been acquitted of the charges framed against him under section 323 of the IPC.

(3.) The informant Vijay Kumar Pandey (PW 7) in his fard beyan has stated that on 22.12.1993 at about 7.30 PM when he was returning from Narkatiaganj Railway Station on cycle with his brother Ajay Kumar Pandey (deceased) and reached to the east of his village Pathkhauli near an orchard, three accused persons, namely, Kamlesh Kumar Pandey (the appellant), Dinesh Kumar Pandey and Brajesh Kuamr Pandey suddenly came there. Accused Brajesh Kumar Pandey stopped the informant (PW 7), who was driving the cycle sitting on it with his brother Ajay Kumar Pandey (deceased) and hurled a lathi blow on the head of the informant (PW 7) and when he caught hold of Brajesh Kumar Pandey, accused Dinesh Kumar Pandey and Kamlesh Kumar Pandey (the appellant) assaulted him with lathi. The informant further alleges that when his brother Ajay Kuamr Pandey tried to save him (PW 7), accused-appellant Kamlesh Kumar Pandey gave a farsa blow on the head of Ajay Kuamr Pandey. By that time, on hearing hulla, Bhup Narain Pandey, father of the informant (PW 7) came there and tried to save his sons, but at the same time accused Dinesh Kumar Pandey gave bhala blow on the left hand of Bhup Narain Pandey, whereas accused Brajesh Kumar Pandey hurled lathi blow on Bhup Narain Pandey. Other villagers also rushed to the place of occurrence, thereafter, accused persons fled away. Injured Ajay Kumar Pandey and Bhup Narain Pandey fell down and became unconscious. It is further said that both the injured persons were taken to the State Dispensary, Narkatiaganj from where they were referred to the MJK Hospital, Bettiah, whereas the injured Ajay Kumar Pandey was taken to the Patna Medical College and Hospital (hereinafter referred to as 'the PMCH'), Patna for better treatment. The injured Ajay Kumar Pandey died in course of treatment in the PMCH, Patna. Accused Brajesh Kumar Pandey is also alleged to have taken one wrist watch of Ajay Kumar Pandey and Rs.2000/- from the pocket of the informant. The informant, in his fard beyan, has disclosed that there was earlier dispute between the parties as a result of which the said occurrence took place.